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Rear End Collisions: Who’s at Fault?

close-up of road caution sign in front of a car accident

After being in a rear-end collision, you might be ready to file an insurance claim for compensation for your injuries. However, to do this, the insurance company will need to declare who was at fault in the accident.

Causes of a Rear-End Collision

Rear-end collisions can occur due to several reasons. Typically, the cause of the accident is due to the driver being distracted. Causes of a rear-end collision can include:

  • Speeding

  • Texting and driving

  • Driving under the influence of drugs or alcohol

  • Hazardous weather

  • Tailgating

  • Suddenly Stopping

Insurance Options

You have a few options when it comes to filing a claim. First, you can file a claim with the negligent driver’s insurance. However, if they are uninsured, you will need to file with your own insurance company. Additionally, you can sue the negligent driver.

Regardless of how you decide to file your claim, the insurance company will have to determine who was at fault for the rear-end collision.

Who is at Fault in a Rear-End Collision?

In South Dakota, the law allows for comparative negligence in personal injury cases. Comparative negligence means you can pursue compensation from the other driver even if you were partly to blame for the car accident. The amount of payment is reduced directly in proportion to the amount of negligence you take.

While it may seem obvious that the driver behind you caused the wreck; it can potentially be challenging to prove you were in no way responsible for the accident, which is why it is so crucial to have a Rapid City personal injury attorney by your side. They will be able to help you prove you are not liable for the rear-end collision.

Contact Us First

Before discussing your case with an insurance agent, you must speak with an experienced attorney first. At Whiting Hagg & Dorsey, LLP, we will ensure you receive proper compensation for any injuries you endured due to the negligence of another. Regardless of how severe or minor your injuries are, we will help you receive the compensation you deserve.

Contact Whiting Hagg & Dorsey, LLP at (605) 519-6136 today if you have been involved in a rear-end collision.