Rear End Accident Lawyers in Newport Beach
Rear-end accidents are the most commonly occurring automobile crashes, accounting for nearly 29% of all car accidents. Despite the advancements in automotive safety technology, rear-end accidents continue to occur with alarming frequency largely due to driver negligence.
If you have been injured in a rear-end accident, the experienced Newport Beach rear-end accident attorneys at Roberts | Jeandron Injury Attorneys will fight hard to protect your rights. We have the skills, experience, and resources to hold the at-fault driver and any other liable parties accountable for their negligence and recover the maximum compensation you rightfully deserve.
Call us today at 949-577-6160 for a free case evaluation by one of our highly rated Newport Beach rear-end accident attorneys.
Common Causes of Rear-End Accidents in Newport Beach, CA
In the experience of our car accident attorney, the most common causes of rear-end accidents in Newport Beach include:
- Tailgating
- Distracted driving
- Speeding
- Impaired driving
- Fatigued driving
- Sudden stops
- Mechanical failures
- Poor weather conditions
Rear-End Car Accident Laws in California and How Our Lawyers will Use them to Prove Liability
Here’s how our rear-end accident lawyers in Newport Beach will use the state’s rear-end accident laws to prove liability:
Presumption of Negligence in Rear-End Collisions
In California, rear-end car accidents are generally associated with a presumption of negligence against the driver who rear-ends another vehicle. This presumption is based on the idea that a driver should maintain a safe following distance and be prepared to stop to avoid a collision. Our Newport Beach rear-end accident lawyers can use this legal presumption to your advantage. We may argue that the rear-end collision establishes a prima facie case of negligence, shifting the burden to the at-fault driver to prove that they were not negligent or that their negligence was justified.
Basic Speed Law: California Vehicle Code (CVC) Section 22350
The Basic Speed Law requires drivers to operate their vehicles at a speed that is reasonable and prudent under the conditions. If a driver fails to maintain a safe following distance or is driving too fast to stop in time, it may be used as evidence of negligence in a rear-end collision case.
Following Too Closely: CVC Section 21703
This law prohibits drivers from following another vehicle more closely than is reasonable, considering the speed of both vehicles and the traffic conditions. If a driver is found to be following too closely and causes a rear-end collision, it can be strong evidence of negligence.
Witness Statements, Surveillance Footage and Accident Reconstruction
Our Newport Beach rear-end collision lawyers will gather witness statements, obtain surveillance camera footage, and employ accident reconstruction experts to provide a detailed analysis of the collision. This can help establish the sequence of events, the speed of the vehicles, and the actions of each driver, supporting the claim of the rear-ended driver.
What Happens if the Defendant Claims Shared Fault in a Rear End Accident in Newport Beach?
If you make a sudden stop and the driver behind you crashes into your vehicle, they might use the sudden stop defense to deny liability. They could claim that your sudden stop caught them off-guard and caused them to crash into your vehicle.
It should be noted that even in the aforementioned scenario, the other driver can still be held liable for following you too closely. More importantly, if you stopped your vehicle due to an emergency and acted how a reasonably careful driver would have acted under similar circumstances, you can use the sudden emergency defense to deny liability.
The experienced Newport Beach rear-end accident lawyers at Roberts | Jeandron Injury Attorneys are well-versed with the kind of strategies at-fault parties might use to deny liability in rear-end accidents. We will present strong evidence to counter their arguments, demonstrate your reasonable driving actions, and hold the negligent parties liable for your injuries and losses.
Types of Evidence Our Newport Beach Rear End Collision Lawyers will Collect to Prove Liability
Key pieces of evidence our lawyers will collect to establish fault and liability in your rear-end collision claim include:
Police Report
The police report filed at the accident scene can provide valuable information including statements from the parties involved, witnesses, and the investigating officer’s assessment of the circumstances surrounding the accident.
Eyewitness Statements
Statements from people who witnessed the accident can provide valuable insight into what occurred and who was at fault and corroborate your account of how the accident occurred.
Photos and Videos
Photographs and videos of the accident scene, skid marks, vehicle damage, and road conditions can be used to establish the position of the vehicles, the severity of the collision, and any contributing factors like road hazards or poor weather.
Surveillance Footage
Footage from surveillance cameras at intersections, traffic lights, or nearby business establishments can provide a clear depiction of the events leading up to the accident and help establish fault and liability.
Cell Phone Records
If distracted driving is suspected as the causative or contributing factor, the at-fault driver’s cell phone records can be used as evidence to establish that they were using their phone at the time of the accident.
Accident Reconstruction Report
Accident reconstruction experts can collect and analyze physical evidence from the accident scene, examine factors like braking distances, impact angles, and vehicle trajectories, assess human factors like driver perception-reaction time attentiveness, and response to traffic conditions, and use specialized software to replicate the dynamics of the accident to determine how the rear end crash occurred.
Get Legal Help from the Top-Rated Rear End Accident Lawyers in Newport Beach
If you have been injured in a rear-end accident, it is important to get legal representation. At Roberts | Jeandron Injury Attorneys, we understand that this is a challenging time for you and we are ready to provide you with the strongest possible legal support you need.
Our Newport Beach rear-end accident lawyers can determine who can be held liable, identify all possible sources of compensation, and negotiate aggressively in order to recover full and fair compensation for your injuries and other losses. If needed, we will take your case to court to recover what you are owed.
Call us today at 949-577-6160 or get in touch with us online to schedule a free consultation with one of our proven rear-end accident lawyers in Newport Beach and Orange County.