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Why Litigating a Rear-End Collision in MA May Make Sense

When some of us were first learning to drive, we may have had a driving instructor, parent, or friend give us a lot of advice regarding the danger of rear-end motor vehicle crashes.They told us to leave plenty of space to the car in front of us. We were informed that if we struck a vehicle from behind we would be considered the at-fault party. Law enforcement officers would issue a ticket for following the other vehicle too closely. They would officially declare you and you alone to be responsible for the crash. No investigation, no inquiry, no trial could absolve you from responsibility if you rear-ended someone (at least that is what we were led to believe).

As well intention-ed as this advice is – and it is good advice to put plenty of space between your car and the car in front of you so. This will allow you to safely stop with little or no advanced warning.

The truth is rear-end collisions are not always the fault of the trailing car. Sometimes the lead driver engages in negligent or careless driving that can contribute to the rear-end collision.

Negligent Behavior by Leading Drivers Can also Contribute to Rear-End Collisions

Some of the ways in which leading drivers may act carelessly or recklessly and thereby contribute to a rear-end collision include:

• Suddenly stopping for no justifiable reason;
• Turning left or right without giving a proper signal; swerving for the fun of it, backing up on the road or street
• Driving far too slow for prevailing road and traffic conditions;
• Failing to follow generally-accepted rules of the road;
• Disregarding traffic control signs and signals (some drivers mistake a STOP sign for a YIELD sign and vice versa, for instance).

Determining who is at fault or what percentage of fault to assign to each driver in a rear-end collision is not always easy. Doing so may require consultation with engineers, accident reconstruction experts, and other expert witnesses. An experienced Massachusetts car accident lawyer should have the connections and resources necessary to thoroughly evaluate the cause(s) of your rear-end collision and accurately determine your precise legal rights to recovery.

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