Rear-end collisions are among the most common types of car accidents, often leading to significant injuries and property damage. Determining fault in these accidents is crucial for insurance claims and legal proceedings. This blog will explore the common causes of rear-end collisions and identify who may be held liable, helping victims understand their rights and navigate the aftermath effectively.

Common Causes of Rear-End Collisions

Here are some common causes of rear-end collisions:

• Tailgating: When a driver follows another vehicle too closely, they have less time to react to sudden stops or slowdowns, increasing the likelihood of a rear-end collision. Tailgating reduces the safe following distance and can cause a driver to crash into the vehicle in front if it stops abruptly.

• Distracted Driving: Activities such as texting, talking on the phone, or using in-car technology divert attention from the road. Distracted drivers may fail to notice brake lights or changes in traffic conditions, leading to rear-end collisions.

• Sudden Stops: Abrupt stops, whether due to unexpected traffic conditions, sudden braking by the vehicle in front, or emergency situations, can catch following drivers off guard. If the trailing driver is not prepared, they may collide with the rear of the stopping vehicle.

• Impaired Visibility: Poor weather conditions, such as rain, fog, or snow, can reduce visibility and extend stopping distances. Drivers may struggle to see brake lights or recognize the need to stop, leading to rear-end collisions.

• Brake Failure: Mechanical issues, such as brake malfunctions or failures, can prevent a vehicle from stopping effectively. If the brakes fail, the driver may not be able to stop in time to avoid a collision with the vehicle in front. 

• Speeding: Excessive speed reduces the time available for a driver to react to changes in traffic conditions. When driving too fast, the stopping distance increases, making it harder to avoid rear-ending a vehicle that suddenly slows or stops.

• Inadequate Following Distance: Not maintaining a safe following distance means that drives have less time to respond to sudden stops or changes in traffic flow. This insufficient distance increases the risk of rear-end collisions if the lead vehicle stops unexpectedly.

• Driver Fatigue: Tired or drowsy drivers may have reduced reaction times and impaired judgment. Fatigue can lead to slower responses to brake lights or changes in traffic conditions.

• Road Conditions: Poorly maintained roads, such as those with potholes, debris, or uneven surfaces, can contribute to rear-end collisions. These conditions may cause drivers to lose control or be unable to stop effectively when needed. 

Determining Liability in Rear-End Collisions

Determining liability in rear-end collisions involves examining various factors. Driver negligence is a primary consideration; behaviors like speeding, distracted driving, or not maintaining a safe following distance often point to the rear driver being at fault. These actions reduce reaction time and increase the likelihood of a collision. 

Vehicle maintenance issues, such as brake malfunctions or tire blowouts, can shift liability if it’s proven that the accident resulted from a failure to maintain the vehicle properly. In some cases, the manufacturer may be held liable if a defect contributed to the malfunction. 

Road conditions also play a significant role; poorly maintained roads, potholes, or inadequate signage can contribute to accidents. If the road conditions were found to be a significant factor, the entity responsible for road maintenance may share liability. 

Lastly, third-party liability may arise in cases involving vehicle manufacturers or road authorities. For instance, if a manufacturing defect caused the collision or if road maintenance was neglected, these parties might be held accountable. Each factor requires thorough investigation to determine the true cause of the accident and assign appropriate liability.

Role of Insurance Companies

Insurance companies assess fault in rear-end collisions by examining evidence such as accident reports, vehicle damage, and witness statements. They may also review traffic camera footage and consult experts to reconstruct the accident scene.

Typical disagreements arise over the extent of damages, the severity of injuries, and the determination of fault. These disputes can delay claim settlements and affect the compensation amount, often requiring additional negotiations or legal intervention. 

Legal Considerations

Comparative fault laws allocate liability based on each party’s degree of fault. In some states, if the injured party is found partially responsible, their compensation may be reduced proportionally to their share of the blame.

Documenting the accident scene, obtaining witness statements, and collecting police reports are crucial. This evidence supports the victim’s case, helps establish fault, and is essential for negotiating with insurance companies or pursuing legal action if necessary.

How an Attorney at LeBaron & Jensen Can Help

The experienced attorneys at LeBaron & Jensen assist clients in determining fault in rear-end collisions by thoroughly investigating the incident and gathering crucial evidence. We handle disputes effectively, ensuring clients’ rights are protected throughout the process. We also negotiate with insurance companies to secure fair compensation for medical expenses, lost wages, and other damages. If necessary, we are prepared to pursue legal action to ensure clients receive the justice and compensation they deserve. Contact us today if you’ve been involved in a rear-end collision and need professional assistance.

Summer is in full swing, which means it’s road trip season! As fun as traveling can be, many drivers get nervous when they have to share the road with big, 18-wheeler commercial trucks. This is especially true when driving down a route that is commonly used by truckers. Commercial truck accidents tend to be serious for smaller vehicles, so that’s a healthy fear to have. 

However, knowing facts about commercial trucks that can increase the risk of accidents can help you try to avoid accidents while on the road. Here’s some facts about trucks that you may not have known that could help keep you safer while on the road. 

#1. Cars Can Slide Under The Body Of A Truck

This is called an underride crash. Most people don’t know about underride crashes unless someone they know is in one. They usually happen at the rear or side of a truck. Trailers are required by the Department of Transportation to have an underride guard in order to prevent these types of crashes. 

These crashes can cause severe injuries due to the height difference between vehicles. The point of impact is usually the hood or the windshield of the car, which means that airbags may not activate. People in the car often suffer severe injuries while truck drivers tend to be uninjured, since they sit up higher and away from the collision points. Sometimes, truck drivers may not even be aware that there has been a collision.

Side underride accidents can occur when the sun is at a low angle or when a truck is trying to maneuver across traffic. Rear underride accidents can occur when trucks are slowing down. These accidents can also occur due to bad weather lowering visibility or causing people to lose control of their vehicles, when car drivers tailgate trucks, when truck drivers are negligent, when drivers are going too fast for current conditions and more.

Reflective tape, side skirts, and rear guards all help to prevent these accidents. So too, does safe driving, on everyone’s part, and understanding that trucks have slower reaction times than cars, which leads us into our next fact.

#2. Trucks Have Much Slower Reaction Times Than Cars

Many accidents with commercial trucks occur because car drivers assume that trucks can react a lot faster than they actually can or because they aren’t aware of the space that trucks need in order to do certain maneuvers, such as turning. For instance, at 55mph, it can take trucks nearly 200 feet to stop, while a passenger car only needs about 133 feet, traveling at the same speed. As speed increases, stopping distance does too.

The size and weight of commercial trucks are what make them difficult to operate, even in ideal conditions. They take longer to both accelerate and decelerate. They are harder to turn and maneuver. They have a higher center of gravity, which means they are at higher risk for rolling over and are more affected by strong winds.

Because of this, truck drivers must undergo special training and earn a commercial driver’s license in order to operate these vehicles. Depending on the cargo being transported, additional training and certifications may be required.

#3. Trucks Typically Swing Left Before Turning Right

As previously mentioned, many car drivers don’t realize just how much space trucks need in order to make a turn. This is because if a commercial truck makes a sharp turn, it could cause it to roll over. As such, truck drivers often need to swing left before turning right.

Since the trucks swing left, car drivers may assume that their intention is to turn left. As such, they may attempt to pass on the right, only to end up squeezed between the side of a trailer and the road when the truck actually starts turning right. These types of accident is known as a squeeze-play, and can result in serious injuries to those in the passenger vehicle.

Some ways to prevent this type of accident include: staying out of truck’s blindspots, staying a safe distance behind trucks, never passing a truck on the right, and never assume that a truck may be turning left instead of right.

Have You Been In A Truck Accident?

Even if you know all the risk of accidents with commercial trucks, even if you are as careful as possible, accidents can still occur. LeBaron & Jensen provides representation to those who have been injured as a result of someone else’s negligence. Contact us today to schedule your free case consultation, and let us see what we can do for you.

Summer is the ideal time to cool off in a pool, but the last thing you want to worry about is a drowning accident. Unfortunately, even the most experienced swimmers can suffer accidents, which is why it’s so important to always have other people around when you’re swimming. Here are some ways that you can help to prevent drowning accidents this summer.

About Drowning Accidents

While the movies may make you believe that if someone is drowning, they’re going to be screaming and splashing and causing all sorts of commotion, the reality is that drowning can happen in seconds and is often silent. Anyone can drown, even the most experienced swimmers. That said, more children between the ages of 1 and 4 die from drowning than any other cause of death.

Drowning injuries can be very serious, resulting in brain damage, long-term disability, and death. During the summer months, drowning rates in the United States increase by almost 90% compared to other times of year. While these facts are scary, drowning is preventable. Knowing how to prevent drowning and proper water safety is key to keeping your summers fun and accident-free.

Preventing Drowning Accidents

We’ll focus on pool safety here, as open water is a whole other beast. That said, similar principles of general safety apply.

#1. Keep Children In Direct Sight

When you’re around water, you need constant eyes on children. You cannot check on them every few minutes like you could normally. Someone always needs to be watching them directly. You also need to use touch supervision if the children are under the age of 4 or do not know how to swim. Touch supervision means staying within arms’ reach of someone.

Children in water or near it can drown silently and immediately, so it is absolutely crucial to never leave children unsupervised, not even for a few seconds. To make this easier on everyone, you can assign a designated person to supervise and ensure that they are relieved every 20 minutes or so.

Adults watching children must keep their full attention on the children and avoid distractions, like phones, books, alcohol, and the like.

#2. Always Check To Pool First If Children Go Missing

With how quickly people, especially children, can drown, you always want to check the water first if a child goes missing. Every second counts in order to save a life.

#3. Keep Rescue Equipment By The Pool

This includes a safety ring, a long pole, and a phone. By having rescue equipment easily accessible, people can act quickly if others get into trouble in the water.

#4. Set Pool Rules

Many drowning accidents can be prevented by following safety tips. Everyone using your pool should know what is and is not acceptable. Some basic instructions you can post by your pool include:

• No running on the pool deck.
• No diving into shallow water.
• No swimming without an adult present.
• No pushing people into the pool.
• No dunking or holding people underwater.

This is by no means a comprehensive list of pool rules. 

#5. Take Swimming Lessons

Knowing how to swim can reduce the risk of drowning accidents, and yet, over half of U.S. adults have never taken a swimming lesson. Enroll children in swimming lessons, and consider enrolling in swim lessons yourself in order to improve your skills and comfort in the water.

Even if people know how to swim, supervision is still necessary, especially for children. 

#6. Lock It Up

Ensure that your pool has proper barriers around it and keep them locked. Use multiple layers of protection, such as safety covers, gate alarms, door alarms, motion-detectors, and the like. Check out our previous blog on swimming accidents for more information about this and liability related to it here: 5 Important Facts About Swimming Accidents.

#7. Learn CPR

CPR can save lives. Adults should be trained in CPR. You can get CPR certified through many different organizations, such as the American Red Cross, fire departments, and hospitals. 

If you do not know CPR, call 9-1-1 in the event of a drowning accident and follow the operator’s instructions until help arrives.

#8. Take Precautions For Medical Conditions

If someone has a seizure disorder or another medical condition that increases their risk of a drowning accident, implement the buddy system and take appropriate precautions. They may need one-on-one supervision around the water.

If someone is on medication that impairs balance, coordination, or judgment, they should avoid swimming as such side effects increase risk of drowning. These medications can be for both physical and mental health conditions. 

#9. Don’t Hyperventilate Or Hold Your Breath For A Long Time

Doing so can cause you to pass out and drown. This is also known as “hypoxic blackout” or “shallow water blackout”. 

Do You Need A Personal Injury Attorney?

Sometimes, other people’s negligence can result in injury or worse, as can occur with drowning accidents. When that happens, a personal injury attorney can help you obtain justice. LeBaron & Jensen provides personal injury attorney representation in Utah. Contact us today to schedule your free case consultation.