Unfortunately, rear-end car accidents in Indianapolis are common. Whether you are sitting at a red light or stuck in stop-and-go traffic on the interstate, you are at the mercy of the driver behind you. If the other driver is going too fast or not paying attention, you have no way to avoid a collision.
After a serious rear-end crash, you need experienced legal guidance on your side to help you get compensation for your medical care and lost income. At Eskew Law, our car collision attorneys could help gather evidence for your case and deal with legal issues so you can focus on getting well.
State law presumes that the following driver (the rear driver) is responsible for a rear-end collision. Under Indiana Code § 9-21-8-14, drivers must follow “with due regard for the speed of both vehicles … and the condition of the highway.” The rear driver must also allow for sudden stops and other changes in traffic flow.
This means that at intersections and in heavy traffic, drivers must allow enough time to stop if the person in front must brake suddenly. If the light changes and you cannot proceed through an intersection, the driver behind you must leave enough room to stop safely. When drivers are distracted, texting, or impaired, they may not notice when conditions change abruptly, resulting in rear-impact auto wrecks in Indianapolis.
The person following may not always be at fault. Rear drivers or their insurance companies may claim that the lead driver was partially responsible for the accident. Under the state’s modified comparative fault rule, if you are more than 50 percent at fault for an accident, you cannot recover any compensation in your case. Circumstances when the driver of the leading car in a rear-end collision could be at fault include:
To avoid these types of allegations in your claim, an attorney could gather witness statements, photos and videos of the scene, and records of your vehicle maintenance. This could help show that you were driving safely and that the other driver should have seen you stop or turn in time.
You can reduce your risk of a rear-end collision in Indianapolis by keeping your car’s brake lights and turn signals in good working order. Never brake-check other drivers to deter tailgaters. If other drivers are following too closely in heavy traffic, try to stay clear of them by safely changing lanes if possible.
Cases involving rear-end car accidents in Indianapolis can be complicated. Our legal team at Eskew Law could help you by gathering evidence and witness statements, negotiating with insurance companies, and taking your case to trial if necessary. We could assist you in getting the compensation you need, so you can focus on recovering from your injuries. Our attorneys could handle your case with the care and compassion you need and the legal guidance you want. The initial consultation is free, so call our office today for a confidential case review.
Facing legal issues can be very overwhelming. Defending against criminal charges, navigating a personal injury claim, and advocating for yourself during a family law case can be difficult when you’re also balancing all your other responsibilities. At Eskew Law, we know how challenging this time can be for you, and we are dedicated to making it easier for you and your family.
If you are looking for a compassionate lawyer serving Indianapolis with integrity and professionalism, look no further than Eskew Law. With over seventy-five years of experience serving clients in Indiana, we are confident that we can help you get the answers you need and reach the resolution you deserve in your case.
