Learn what’s required to prove fault and recover maximum compensation after a rear-end crash in Great Falls
Rear-end crashes in Montana represent a significant risk on the roads, frequently resulting in injuries ranging from minor whiplash to permanent spinal cord injuries. These accidents, which can quickly become multi-vehicle crashes, often occur due to distracted driving, sudden stops, or following too closely, particularly on the state’s varied terrain and under diverse weather conditions.
In the wake of such incidents, establishing liability is crucial for victims seeking compensation for their injuries and losses. This article will explain how liability is determined in Montana rear-end crashes and what you can do to increase your chance of a successful claim.
What percentage of crashes each year are rear ends?
Rear-end crashes are the most common type of crash in the United States. In 2021, these crashes accounted for about 29% of all U.S. car accidents., resulting in 2,949 fatalities and 475,774 nonfatal injuries, according to data from the National Highway Traffic Safety Administration (NHTSA).
Sadly, the vast majority of these injuries and wrongful deaths were preventable.
Where are rear-end accidents most common?
Rear-end accidents are most likely to occur in areas where vehicles frequently stop and start, such as:
- Intersections where vehicles slow down or stop for traffic signals and stop signs
- High-traffic areas and congested roadways where traffic flow is inconsistent, leading to sudden stops and starts
- Highways and freeways, especially in zones with frequent congestion or where traffic suddenly slows due to an accident or a heavy volume of entering traffic
- Construction zones with reduced speed limits, lane shifts, and unexpected stops due to road work
- School zones and crosswalks where drivers may not anticipate sudden stops for pedestrians or school activities
- Parking lots where drivers are often starting, stopping, and reversing and may not always be fully attentive to their surroundings
Rear-end accidents also frequently occur during instances of “brake checking,” where a driver abruptly brakes in response to a vehicle following too closely behind them. This sudden action can catch the trailing driver off guard, leading to a collision if they cannot stop in time.
Brake checking represents a dangerous behavior that exacerbates the risk of rear-end accidents, particularly on highways, in heavy traffic, and in high-speed zones where the distance needed to safely stop is greater.
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Who gets hurt the most in a rear-end collision?
In a rear-end collision, the occupants of the vehicle that is struck from behind typically sustain the most injuries. This is because drivers and passengers in the front vehicle are typically unprepared for the impact as they are moving forward and not anticipating a sudden stop. This lack of bracing can lead to injuries.
Additionally, while airbags are designed to protect occupants, their rapid deployment can also cause minor injuries such as bruises, cuts, or even facial injuries, especially for front-seat passengers.
Common injuries for these victims include whiplash, spinal cord injuries, head injuries, and back injuries, which occur as a result of the rapid forward and backward motion caused by the collision.
However, it’s important to note that passengers and drivers in the striking vehicle can also suffer injuries, especially if they’re not wearing seatbelts or the impact was at a high speed. In such cases, they may be thrown forward into the dashboard, steering wheel, or windshield.
While safety features like seat belts and airbags are designed to reduce these risks, they cannot completely eliminate the potential for injury, particularly in high-impact or high-speed collisions.
Are you always in the wrong if you rear-end someone?
No, not necessarily. While the driver who rear-ends another vehicle is often presumed to be at fault due to the expectation that they should maintain a safe following distance, this is not always the case. There are exceptions where the leading driver might be partially or entirely at fault.
These can include:
- Sudden stops. If the leading vehicle stops abruptly without a valid reason, especially under conditions where such a stop could not be anticipated by a reasonable person, such as in a brake-check accident, they may be at fault.
- Reverse driving. If the leading vehicle unexpectedly reverses, causing a collision with the vehicle behind them, the lead driver may be liable for the accident.
- Faulty brake lights. If the leading vehicle’s brake lights are not functioning, and the driver behind has no indication that the vehicle is slowing down or stopping, the rear driver may not be responsible for the accident.
- Erratic driving. If the front driver is engaged in reckless driving by swerving erratically, cutting other drivers off, or driving under the influence, they could be held responsible for causing the accident.
- Debris or obstacles. In rare situations, external factors beyond either driver’s control, such as sudden debris in the road or hazardous weather conditions, might contribute to the accident, potentially impacting the fault determination.
In such instances, fault can be shared, or the leading driver can be found to be at fault for the accident. This is why thorough investigation and evidence collection are crucial following a rear-end collision to accurately determine fault based on the specifics of the incident.
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How does shared fault work in Montana car accidents?
In Montana, shared fault in car accidents is governed by a legal doctrine known as “modified comparative negligence.” This rule allows for the distribution of fault among all parties involved in an accident, with each party being assigned a percentage of fault based on their contribution to the incident.
Under Montana’s modified comparative negligence system, a party can recover compensation as long as they are not more than 50% at fault for the accident. However, the amount of compensation they can receive is reduced by their percentage of fault.
For example, if you are found to be 30% at fault in a car accident and your total damages amount to $100,000, you would be able to recover 70% of your damages, or $70,000, reflecting a 30% reduction due to your share of the fault.
It’s important to note that if a party is found to be 51% or more at fault, they are barred from recovering any compensation under Montana law. This makes accurately determining and proving fault crucial in personal injury cases in Montana, as surpassing the 50% threshold completely eliminates the ability to recover damages from the other involved parties.
How do insurance companies know who is at fault?
Insurance companies determine who is at fault in an accident through a process called “claims investigation.” During this process, they gather and analyze various pieces of evidence to establish liability.
Here’s how they typically determine fault:
- Police reports. Insurers often rely on police reports to understand the circumstances of the accident. These reports can contain details about the accident scene, statements from the drivers and witnesses, and the responding officer’s opinion on how and why the accident occurred.
- Witness statements. Statements from people who saw the accident can provide independent accounts of what happened, which can help insurers determine who was at fault.
- Photos and videos. Pictures and videos from the accident scene, showing vehicle positions, road conditions, traffic signs, and lights, can help insurers assess the situation and establish fault.
- Vehicle damage. The location and extent of vehicle damage can tell insurers a lot about how an accident occurred. They can often reconstruct the accident based on the damage patterns.
- Traffic laws. Knowledge of the local traffic laws is crucial. Insurers will evaluate whether any traffic laws were violated and how those violations may have contributed to the accident.
- Telematics data. For vehicles equipped with telematics, data such as speed, braking patterns, and time of impact can provide objective details about the accident.
- Accident reconstruction experts. In complex cases, insurers may hire accident reconstruction experts to analyze the accident and determine fault based on scientific principles.
After gathering and analyzing this information, insurance adjusters will assign fault based on their findings. It’s important to note that different insurance companies might view the same accident differently, and fault determinations are not always final and can be disputed.
Many accident victims are unsure what to do after a car crash, and the reality is that the steps taken immediately after the accident can greatly impact compensation.
To maximize your claim and protect your rights, it’s crucial that you enlist the help of an experienced car accident attorney early on in the process. They can help gather and preserve necessary evidence and negotiate with insurance adjusters to ensure you get the compensation you deserve.
Looking for the best car accident attorney in Montana after a rear-end accident?
If you or a loved one has suffered a serious injury or wrongful death after a car accident caused by someone else’s negligence, the knowledgeable Great Falls car accident attorneys at Murphy Law Firm are ready to help you navigate the complex legal landscape and fight for the compensation and justice you deserve.
With more than 75 years of combined experience, our team has a proven track record of success in handling rear-end collisions and other automotive accident claims throughout Montana. We understand the physical, emotional, and financial toll a car accident can take on victims and their families, and we’re committed to providing compassionate, comprehensive legal support.
