The General Rule in an Oklahoma Rear-end Collision
Oklahoma law requires that drivers on the road drive at reasonable speeds and maintain reasonable distances between their car and the one in front of them as dictated by speed limits and the conditions present at the time. Drivers are expected to slow or stop safely if the car in front of them slows or stops. This puts the burden on the driver in the rear to avoid a rear-end collision. It also lays a presumption of negligence upon the driver of the rear vehicle if a rear-end collision occurs.
Overcoming the Presumption of Negligence in a Rear-end Collision
The burden of proving that fault lies with someone else rather than the driver in the rear car, falls on the driver of the rear car. There are many things that can cause a rear-end collision other than the fault of the driver in the rear car. Here are some examples:
Unsafe Lane Change
If the car that is hit makes a lane change into the lane in which the driver of the rear car is driving at a time when it is unsafe to do so, some or all of the fault may actually lie with the driver of the vehicle that was hit. This can happen if the driver of the front car changes lanes when there isn’t enough room for the driver in the rear vehicle to adjust their speed without hitting the car as it makes the lane change. It can also happen if the driver of the front car makes the lane change at a high rate of speed and immediately has to brake hard to avoid a collision with the vehicle in front of it.
Faulty Brake Lights
Brake lights signal that the car ahead of us is slowing down. When they are not operational, the driver behind does not get the visual signal that the driver ahead is slowing until it may be too late to avert the accident. Therefore faulty or nonoperational brake lights may be a contributing factor in an accident and mitigate at least some of the fault of the second driver.
Chain Reactions
Liability in chain reaction cases can be tricky. Let’s say that car 1 is rear-ended by car 2. But the accident occurred because Car 3 hit Car 2, pushing Car 2 into Car 1. Here, the driver of car 2 may not have any legal liability at all. The driver of Car 3 is most likely liable to the drivers of both Car 1 and Car 2.
You can see that liability is not always clear-cut in rear-ender cases. If you have been involved in a rear-ender, you will want the help of an experienced automobile accident lawyer attorney in Oklahoma to ensure that you get a fair shake at issues of liability and damages.
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