A traffic collision occurs when at least one vehicle collides with another vehicle, pedestrian or other stationary object. Traffic collisions may result in injury, death, vehicle damage and property damage.
Traffic causes are due to many circumstances, including but not limited to roadway factors, vehicle factors, driver factors, or any combination of these factors that occur in the instance of a collision. The most common circumstance for a collision is the driver factor. Young male drivers are at high risk for accidents and drivers within their first year of driving are also accident-prone. Also, older drivers with slower reactions are more likely to be involved in a vehicle accident. Other driver causes of accidents are speed deprivation and drug use.
Distracting sounds such as the radio and utilizing mobile phones are known to be significant causes of accidents. As most people are aware, most jurisdictions restrict the use of actions on mobile phones, including talking and texting without a bluetooth. For more information visit our article on Distracted Driving and Technology.
Accidents may be more likely to occur in hazardous road conditions, for instance if there is bad traffic, a wet road, or construction.
Another cause of road accidents is poor road design, and improper vehicle design or maintenance.
Rear Vehicle Collisions
If someone hits you from behind it is assumed to be the fault of the rear driver, regardless of the reason you stopped. DMV information and vehicle code laws suggest safe following distances for cars on the road. Of course, fault is an element that needs to be proven in a case, even in a rear vehicle collision.
A driver involved in a rear-end accident can use the damage to the car as proof of how the accident occurred. If the one car’s front end and your car’s rear-end are both damaged, it may be properly assumed by the circumstantial evidence that a rear-end collision happened.
In some situations a rear-end crash will involve three or more cars, with the middle car or cars sustaining both front and rear end damage. In that case, the driver of the last car may be assumed to be at fault and under whose liability insurance you would file a claim. However, in many instances other drivers in the accident contributed to the eventual crash. This may reduce their compensation under the rule of “comparative negligence.” A common example is when one driver failed to maintain their taillights, especially if the accident occurred at night. Another example is when a car had mechanical issues and the driver failed to take precautions to prevent other cars from a collision.
A vehicle making a left-turn is almost always liable to a vehicle coming straight from the other direction. Exceptions to the near automatic liability can occur if the following:
- The vehicle going straight was going much too fast, but that is usually difficult to prove;
- The vehicle going straight went through a red light; and
- The left-turn vehicle began its turn when it was safe, but something unexpected happened that made it have to slow down or stop in turn.
Also, as with a rear-end collision, the location of the damages on the vehicle sometimes makes it difficult for the other driver to argue that the accident happened in some other way other than during a left-hand turn. If you had an accident in which you ran into someone who was making a left turn in front of you, almost all other considerations of fault go out the window, and the other driver’s nearly fully liable.
If you have been involved in an automobile accident, it is important to contact an attorney immediately so that a proper investigation and inspection can be done immediately. David K. Kremin & Associates will give you a free consultation 24/7 at 1(800) ASK-A-LAWYER or 1(800) 275-2529. If we accept your case, we promise you will be represented by a lawyer with at least 20-30 years of experience.