Who Is At Fault If Someone Pulls Out In Front Of You?

Not all car accident cases are straightforward, involving an obvious liable party. In the heat of the moment, it is not always clear who is to blame for the collision and the resulting injuries and property damage. This uncertainty and confusion is particularly prevalent in situations where a vehicle suddenly pulls out in front of you, causing a rear-end or side-impact crash.

If you are wondering if you are at fault in an accident where someone pulled out in front of you, working with a qualified personal injury lawyer can help shed light on the case and make sure your rights are protected. Determining liability can depend on multiple, complex factors, so having an experienced car accident attorney by your side is invaluable when it comes to seeking out compensation for your losses. 

Your lawyer can examine the crash scene, gather crucial evidence, determine the monetary value of your damages, negotiate with insurers and other third parties on your behalf, and even take your case to court if needed.

What Is a Rear-End Collision?

A rear-end collision occurs when a vehicle crashes into another vehicle in front of it. This is a common type of accident that can happen when someone unexpectedly pulls out in front of you, and you collide with the back of their car or truck. Poor weather, road defects, intoxication, or distracted driving are often key culprits in rear-end collisions. Each year, almost 30% of car crashes are rear-end collisions; they can cause significant property damage, injuries, and even fatalities.

Why Do Rear-End Crashes Happen?

Rear-end collisions tend to happen in the following scenarios:

• A driver traveling at a high speed crashes into a vehicle in front of them that has slowed down or stopped.
• A motorist is traveling down the road, and another vehicle suddenly pulls out in front of them, causing a crash.

What You Were Doing Before the Collision Matters

When someone pulls out in front of you and causes a collision, there may be two different versions of the story. You will have your own interpretation of events, while the driver of the other vehicle may see things differently. The insurance companies will often determine fault based on a variety of factors, including your specific actions at the time of the crash. They are looking to see if you did anything that might have contributed to the collision. If you did, you might be held partially liable for your negligence.

• Speeding – If you were speeding at the time of your collision, you may not have been able to properly react to danger on the road ahead. Even if you properly identified a threat ahead, you might not have had enough stopping time to avoid a collision. If you were speeding and you crashed into a vehicle that pulled out in front of you, you might have increased the severity of the injuries and damages sustained by both parties.
• Distracted driving – Using a cell phone, smoking, arguing, or daydreaming can cause you to not pay attention to events on the road ahead. You may not see another driver pulling out in front of you until it is too late.
• Intoxicated or impaired driving – If you drank alcohol or used pharmaceutical or street drugs while behind the wheel, your reaction time may be slower, you may be drowsy, and you may not respond appropriately to a car pulling out in front of you. 
• Driving while exhausted – Never drive while you are fatigued or exhausted. Even if you’re just going a short distance, another car could pull out in front of you, and you might not react quickly enough to avoid an accident. 

Other Factors in a Rear-End Crash

In many rear-end crashes, the vehicle following behind is the one found liable, as state traffic laws mandate that the motorist in the back leave enough following distance to allow them to come to a complete stop if necessary. However, there are still plenty of scenarios in which the driver in front can be found fully or partially liable for an accident. The driver in the lead can be found at fault due to negligence or recklessness if any of the following occurred:

• They pulled out in front of another vehicle without warning
• They put their vehicle in reverse and plowed into the car behind them
• They slammed on their brakes suddenly
• They committed road rage
• They intentionally tried to cause an accident
• They were driving under the influence of drugs or alcohol
• They were engaging in distracted driving
• They failed to properly maintain their brake lights

Variables Impacting Liability When Another Driver Pulls Out In Front of You

Cases in which a rear-end crash occurs because a driver pulled out in front of you are especially complex and demanding. Either party could be to blame. Some variables that may affect liability include the following:

• The speed of each vehicle
• The conditions of the road
• Traffic signals and signs
• Lane markings
• The use of turn signals

As you can surmise, determining liability when someone pulls out in front of you can be challenging and complex. You should never admit fault after this type of accident. Instead, reach out to an experienced personal injury lawyer who will defend your rights and make sure justice is served in the situation at hand. Having dealt with many similar cases, your lawyer will be better equipped to get to the root causes of your accident and secure the compensation you need to pay for medical expenses, property damage, and lost wages related to your injuries and losses. 

What Damages Can Be Obtained After a Rear-End Collision?

If your injuries were caused by another motorist’s negligence, recklessness, or intentional wrongful actions, you may be entitled to certain damages. Part of your personal injury lawyer’s job is to determine a monetary amount for each damage, regardless of whether it is related to tangible expenses like medical bills or non-tangibles like pain and suffering. 

Economic damages can include the following:

• Past, current, and future medical expenses, including doctor’s visits, hospitalizations, surgeries, medications, assistive devices, at-home care, physical therapy, rehabilitation, and more
• Property damage, including the cost of repairing or replacing your vehicle and anything that was inside it at the time of your accident
• Lost wages and loss of future earning capacity
• The cost of services like childcare, grocery shopping, and cleaning while you are incapacitated after your accident

Non-economic damages may include:

• Pain and suffering
• Emotional distress and anguish
• Scarring and disfigurement
• Loss of enjoyment of life
• Loss of companionship
• Loss of consortium
• Loss of reputation

Punitive damages relate to the following:

In some cases, damages are awarded to punish the liable party rather than compensate the victim. These are called punitive damages, and they serve to deter other drivers from engaging in similarly egregious acts on the road.

Steps to Take After a Rear-End Accident

To establish that the driver who pulled out in front of you is liable in your accident, you will need detailed evidence, as this is not an easy or straightforward task. The steps you take after an accident are critical when it comes to protecting your legal rights. If you’ve been involved in a collision, here are a few key guidelines to follow:

• Call the police – Police reports are an invaluable component of your claim or lawsuit so you should not hesitate to immediately contact the authorities after being in a collision. The dispatcher can also call an ambulance to the scene if needed. 
• Take photos and videos of the scene – Accidents tend to get cleared quickly, so it is critical that you gather whatever evidence from the scene you can as rapidly as possible. Take videos of any weather conditions, road defects, traffic signs, skid marks, vehicle damage, and anything else that you think might be relevant.
• Exchange information with potential witnesses – If anyone stopped at the scene of your accident, get their contact information, as they may be able to provide essential testimony down the line. 
  Trade information with the other driver – Be sure to get the other driver’s name, phone number, address, license plate number, and insurance card info.
• Don’t discuss the accident with anyone – Things you say at the scene of the accident could be recorded and used to invalidate your claim. Keep quiet until you can contact a personal injury lawyer. 
• Get checked out by a medical professional – Even if you feel okay, it is important to be checked for concussions, internal organ damage, whiplash, and other health concerns that might not immediately be evident. Getting immediate medical attention also helps to bolster your legal claim. If you wait too long, insurance companies can use this to dispute or deny your claim, saying that your injuries weren’t significant enough to send you to the doctor right away. 

Choose a Qualified, Experienced Personal Injury Lawyer After a Rear-End Crash

In order to have a successful legal case after sustaining injuries in a rear-end accident, you will need to acquire detailed evidence, prove liability, and make strong legal arguments in support of your position. Yet if another driver pulled out in front of you suddenly, causing your injuries, you may not be in the best place emotionally or mentally to handle your legal case on your own. You may be traumatized, confused, and distressed. 

In times like these, having a dedicated, empathetic legal advocate on your side can make all the difference when it comes to obtaining the compensation you need to pay for your medical bills and support your family while you heal. At Trust Guss, our team has been assisting accident victims just like you for over 30 years, ensuring that justice is properly served, even in complex and challenging cases like rear-end collisions. When you hire us, we will do the following:

• Get to the root causes of your accident
• Determine if you have a viable claim
• Investigate all available evidence
• Discuss your legal options with you
• Answer all questions and concerns you may have
• Determine liability
• Obtain testimony from experts to substantiate your claim
• Make sure your case is filed in accordance with the state’s statute of limitations
• Negotiate with insurance companies and other third parties on your behalf
• Take your case to court if a fair and favorable settlement cannot be reached

Contact Trust Guss for a No-Cost Case Evaluation Today

If you or a loved one has been injured after another vehicle pulled out in front of you, you may be entitled to compensation for your losses. At Trust Guss, we work on a contingency fee basis. This means that you never have to pay legal fees unless we are first successful with your claim. We provide a no-cost, no-obligation case evaluation to get you started. Call us today to speak with one of our compassionate, knowledgeable car accident lawyers.