A rear-end collision can leave you struggling with serious injuries, expensive medical bills, and missed time at work. However, securing a settlement isn't always straightforward.
Insurance companies maintain their profit margins by looking for ways to minimize or deny car accident claims, which is why having an experienced Seattle personal injury lawyer on your side is so crucial. At Kode Law Firm, we know how to investigate rear-end crashes, gather evidence, and build strong cases to hold the at-fault driver accountable.
Keep reading to learn more about how liability is determined in Seattle rear-end collisions and how Seattle personal injury lawyer Preet Kode can help you protect your rights after an accident.
When the Rear Driver Is at Fault in a Rear-End Crash
In most rear-end collisions, the rear driver is considered to be at fault. This is because drivers have a duty to maintain a safe following distance and pay attention to the road. Common examples of rear driver negligence include:
- Distracted driving. The rear driver was texting, making a phone call, eating, or engaging in other activities that took their attention away from driving.
- Speeding. Driving too fast makes it difficult to stop in time to avoid a collision if traffic slows or stops unexpectedly. Speeding is especially dangerous in heavy traffic or poor weather conditions.
- Tailgating. Following the lead vehicle too closely is a top cause of rear-end crashes. Drivers should maintain at least a three-second gap between their vehicle and the one in front of them.
- Drunk or drugged driving. Intoxicated drivers have slower reflexes and difficulty judging distances. Many rear-end collisions involve alcohol or drug use by the rear driver.
- Fatigued driving. Drowsy driving can be just as dangerous as drunk driving. Drivers who are sleepy or fatigued are more likely to be inattentive and have slower reaction times, increasing the risk of a rear-end crash.
When the Lead Driver Can Be Considered at Fault
While the rear driver is presumed to be at fault in most cases, there are some exceptions. The lead driver may be partially or fully liable if:
- They cut off the rear driver and then had to slam on their brakes.
- Their brake lights were not working properly.
- They got a flat tire but failed to pull over safely or turn on their hazard lights.
- They put their vehicle in reverse at a stoplight.
- They were driving while intoxicated or distracted themselves.
As an experienced Seattle car accident lawyer, Preet Kode knows how to thoroughly investigate your rear-end crash to determine fault. Even if you are found to be partially at fault, you may still be entitled to compensation under Washington's comparative negligence laws.
Dealing With the Insurance Company After a Rear-End Collision
Washington is a fault insurance state. That means the at-fault driver's insurance company is responsible for paying injury and property damage claims after a crash.
However, some insurance companies use sneaky tactics to reduce their financial liability whenever possible. The adjuster may try to:
- Get you to provide a recorded statement where they ask leading questions to get you to inadvertently admit fault
- Offer you a lowball settlement soon after the crash, before you know the full extent of your injuries and losses
- Delay your claim or ask for endless paperwork
- Claim your injuries were pre-existing and not caused by the crash
- Argue that your actions contributed to the collision
Having Seattle personal injury attorney Preet Kode manage communication with the insurance company protects you from falling victim to these unfair strategies and helps to maximize your compensation. Refer to our case results and client testimonials to learn how Kode Law has helped people like you move forward after they've been hurt due to the negligence of others.
