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Auto Accident 1.29.2022

Are You at Fault if Someone Drives out in Front of You?

Unfortunately, after a motor vehicle accident, it’s not always clear who is at fault in causing the crash or who is responsible for the damages and losses that resulted—sometimes even the drivers involved in the collision are unsure. This is often true in crashes when a vehicle suddenly pulls out in front of you.Let’s see if we can help resolve some of the misunderstandings surrounding pull out types of collisions. Look at what you know about these types of accidents entail, who causes these pull out from the curb crashes, and why you must establish liability following a motor vehicle accident.

What Is Involved in a Rear-End Collision?

A rear-end crash usually happens when a motor vehicle crashes into the rear of the vehicle in front of it. Although these accidents can happen for several reasons, including road defects, excessive speed, poor weather conditions, intoxication, and inattention, these rear-end crashes are the most frequently occurring type of car crashes in the United States. In fact, almost 30 percent of all motor vehicle accidents are rear-end collisions, and each year they cause serious injuries and fatalities.

How Do These Rear-End Accidents Occur?

rear-end crash results when a driver hits the car directly in front of them from behind. These accidents usually occur at stop signs, red lights, or in congested rush hour traffic and often involve two vehicles or more. For instance, rear end collisions tend to happen when:

  • A motor vehicle is driving at a high speed and crashes into a driver that was slowing or completely stopped.
  • A motorist is traveling faster than the car in front of them, and the vehicles collide when they are in motion.
  • A motorist pulls out in front of another vehicle changing lanes or pulling away from the curb, and a crash occurs.

Who Is At Fault for a Rear-End Accident?

In many rear-end crashes, the motorist following the rear-ended car is often the one found to be liable for a rear-end collision. This is usually because most state traffic laws including Michigan presume the driver of the vehicle overtaking the vehicle ahead indicates that drivers must leave enough space, assured clear distance, between the vehicle in front of them so that they can make a complete stop if they need to. However, even though this is the general rule of the road, there are many instances where the vehicle in front may share fault liability for the collision or be the one responsible for the accident.

For example, the driver of the lead vehicle can be partially at fault for a rear-end crash if the accident was caused because of reckless or negligent driving, including:

• Hitting their brakes suddenly and unexpectedly
• Pulling out in front of another vehicle from the curb or driveway
• Reversing into a motor vehicle behind
• Road rage making dangerous maneuvers
• Trying to hit another car intentionally
• Driving under the influence of alcohol or drugs driving erratically
• Driving with burnt or broken brake lights

Factors Affecting Liability When a Motorist Pulls Out in Front of Another Car and Gets Hit

One of the more complex rear-end crashes involves the driver suddenly pulling out in front of you in another vehicle on the road and causing a hit, since both the driver who cut in front of the car and the motorist who failed to stop in time to avoid the collision could be found at fault for the accident.

What makes this situation so murky, and complex is that there are often numerous factors that can affect this liability, such as:

  • Checking blind spot
  • The speed of the vehicles
  • The road conditions
  • The traffic signals
  • The lane markings
  • Other factors, including whether the car that pulled out in front failed to use a turn signal

Based on these factors, if the motorist driving straight was not driving carefully or cautiously, they may be held liable for an accident if a car pulls out in front of them and they crash. On the other hand, if the leading motorist pulled into moving traffic across multiple lanes and did not check the blind spot or signal before they were switching lanes, they could be held responsible for a rear-end collision that resulted when they pulled out in front of another driver going straight in an occupied lane.

As you can see, when it comes to resolving liability in a rear-end accident, some of these crashes tend to be very fact specific. For these reasons, if a motor vehicle pulled out in front of you and it resulted in a collision, you should reach out to an experienced car accident lawyer without hesitation. Our attorneys can go over your accident, investigate what happened, interview witnesses, look at vehicle damage, and help you figure out who was actually at fault for your crash and whether you may be entitled to money compensation for the injuries and damages you sustained.

Why Determining Liability Is Critical in a Rear-End Accident?

If you have been hurt in a Michigan car collision because of another driver’s intentional, reckless, negligent, or wrongful actions, you may be able to collect money damages for the harm you sustained. That is why determining fault in a rear-end accident is so important as it can settle who is liable to pay for the other motorist damages, including:

Economic Damages: These damages often refer to the actual measurable financial losses that result from an accident, such as

  • Past, current, and future medical expenses, including doctor evaluation visits, hospital stay overnight, surgeries, prescription medications, and emergency medical services
  • Excess Lost earning or disability
  • Personal property repairs
  • Lost wages
  • At-home nursing care
  • Household replacement services such as house maintenance, child care services, grocery shopping services, and even cleaning services
  • Injury rehabilitative services, including occupational and physical therapy
  • Other out-of-pocket expenses

Non-economic Damages: These types of damages are often more challenging to evaluate since they refer to loss of personal quality of life that occurs from the accident injuries, including:

  • Pain and suffering
  • Disfigurement
  • Difficulty doing sports, recreation, or hobbies
  • Loss of companionship
  • Emotional anguish
  • Loss of consortium
  • Loss of enjoyment of life
  • Loss of reputation
  • Scarring
  • Disability

Punitive Damages: Generally, not available in Michigan unless the wrongdoer’s egregious actions caused the harm and then to deter others from committing the egregious act in the future.

Steps You Need To Take Following a Rear-End Accident to Prove Liability

To establish liability after an accident where another driver motorist pulled out in front of you is not easy and often requires relevant and detailed evidence to prove fault. That is why, following this type of car collision, you need to take immediate steps. The steps you take after your car crash not only help ensure you stay safe but they can also help protect your legal rights. For these reasons, following your motor vehicle collision, you should consider the following actions:

Call 911 Immediately Following the Rear-End Accident

Following any motor vehicle accident, you should contact 911 immediately. This is the fastest way to alert the proper authorities, such as police, medical crews, that you or someone at the scene were in a crash and need medical help for your accident.

Once the police authorities arrive, they can investigate the crash and write down their findings in their police report. If you decide to bring a legal claim after your accident, this crash report can provide you with valuable details regarding the car crash scene, including who was found by the investigating police officer to be at fault for the collision.

Take Enough of Photos and Videos of the Car Accident Scene

If you are able, the crash area appears secure, and you do not need any immediate medical help, try to document as much evidence as possible from the crash using your cell phone camera. This evidence gathering should include photos and videos of the cars involved in the crash, their placement on the street, signs and traffic lights, your visible injuries, witnesses, occupants, the damages to the vehicles, the weather conditions at the time of the accident, how traffic signs and signals near the crash scene work, skid marks on the road, any road deficiencies, and any other evidence that can help show what transpired and who may have been liable for the crash.

Exchange Driver Information With Those Involved in the Crash

You should make sure you exchange driver information with the other motorists involved in the crash, including their first and last names, address, insurance information, phone number, and driver license numbers. You can take a picture of the other driver’s operater license and insurance card to make sure you have the accurate info.

Look for Eye-Witnesses

In addition, documenting if there were any individuals present at the scene, who may have seen the crash, try to get their contact information as well. The witness first-hand account can provide you with helpful details regarding how the collision occurred, including who was at fault, which can help back up and solidifying your claim.

Get Checked Out by a Medical Care Professional After Your Accident

It’s always good to be safe to have a doctor examine you even if you believe your injuries are not that serious. You still need to see to your doctor following your motor vehicle accident to make sure you are ok. It is common for serious injuries such as head and brain trauma to take some time after a crash to manifest symptoms. However, the longer you wait to get your injury or condition treated, the more fatal it can become. For these reasons, no matter how your injuries feel or look, you should get examined as soon as possible following your rear-end auto accident.

In addition, getting prompt medical treatment can be beneficially helpful to your health and legal claim. Insurance companies are often looking for a reason to deny or delay paying you or try to lessen the amount you deserve. By not getting medical treatment immediately after your accident, insurance adjuster can argue that your injuries are not that significant or that they result from a separate event after the accident. Thank god, when your physician checks you over, they can document all information regarding your injuries in their medical records exam report—providing you with important evidence making a direct connection between the rear-end accident and the injuries you sustained.

Avoid Making Any Definitive Statements About the Accident

If you were in an accident because another car pulled out in front of you, the details of the accident will be heavily investigated, including what you say after the crash to insurance adjusters. That is why you want to avoid making any definitive statements about the accident to anyone, until you know all of the facts, other than your own car accident lawyer you can trust. You should never apologize for anything that occurred or taking the blame for anything that happened. Your reflections and comments can come back later to haunt you and hurt your case, affecting the amount of compensation you can receive.

After a Rear-End Accident, Go for the win - Damages You Deserve

After a motor vehicle accident, in order to have a successful claim, you need to have reliable and specific evidence showing fault and damages and your lawyer’s compelling legal arguments proving your case. However, after a rear-end crash, where the driver pulls out in front of you, not only is this the last thing on your mind money, but it is often very challenging to get insurance to pay without relevant evidence and strong arguments about fault.

However, when you work with a knowledgeable car accident attorney, you don’t have to deal with these difficult issues alone. With a skilled lawyer on your side, you can get the legal help you need to take on these claims and fight for the justice and compensation you deserve.

Once you’ve retained us, your lawyers can:

  • Go over the rear-end accident with you in fine detail, figure out what really happened, determine if you have a viable claim, and discuss the legal options that you can take to pursue the compensation you deserve.
  • Answer any questions and concerns you have about the accident claim.
  • Investigate the rear-end accident thoroughly to secure the evidence necessary to show what happened and who was responsible for the crash.
  • Obtain experts that can help you substantiate your claim and prove liability, including engineers and accident reconstruction expert.
  • Ensure that your lawsuit is appropriately prepared and filed before the statute of limitations expires.
  • Handle all the negotiations with the opposing party, including the insurer, and fight for a full and fair settlement on your behalf.
  • Take your case to trial if necessary when the other side does not want to negotiate fairly and give you the maximum damages you need.

If you or a loved one have been hurt in an automobile accident because another driver pulled out in front of you, don’t wait any longer to get the legal help you need. Contact an experienced motor vehicle accident attorney today at 1-866-HIRE-JOE for a free case evaluation, and let our skilled lawyers show you how they can pursue the financial recovery you need for your family. Best A+ Rated personal injury lawyers by Better Business Bureau

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The Joseph Dedvukaj Firm, P.C represents Michigan clients in a full range of personal injury matters. If you have been injured, contact us for a free consultation.
The information on this website is for general information purposes only. Nothing on this site should be taken as advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute a client relationship.
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