A common scenario that often occurs is where a following motorist rear-ends a car and in turn forces that car to rear-end the lead car. When this three car collision scenario occurs, it is very important to hire an attorney that will fight to make sure that you are adequately represented and not taken advantage of. Depending on the circumstances, you may have a claim for compensation for your injuries and property damage sustained even though you were the middle car.
Normally, there is a presumption that the following motorist is at fault for a rear-end collisions. However, this presumption can be overturned if other extenuating circumstances can show that the following motorist was not the cause of the accident but rather a victim also.
While a following motorist may assume that the vehicle in front is being driven with care and caution, he must drive at an appropriate speed and must maintain an interval between the two vehicles as would enable him to avoid a collision with the lead vehicle under circumstances which should be reasonably anticipated. The rule is based on the premise that a following motorist whose vehicle rear-ends a preceding motorist either has failed in his responsibility to maintain a sharp lookout or has followed at a distance from the preceding vehicle which is insufficient to allow him to stop safely under normal circumstances.
A following motorist can rebut his or her statutory presumption of fault by demonstrating that he or she had his or her car under control, closely observed the preceding vehicle, and followed at a safe distance under the circumstances or by proving that the driver of the lead car negligently created a hazard which the following motorist could not reasonably avoid.
In Leblanc v. Bouzon, lead driver, who was involved in a three vehicle collision, brought a personal injury action against middle driver and following driver who rear-ended middle driver, causing that driver to rear-end her vehicle. The court of appeal of the third circuit held following driver was solely at fault for three vehicle collisions. In holding, the middle car was found free from fault in causing the rear-end collision of the lead car.
Depending on the circumstances, the middle car might be free from fault in causing the collision. Even if the middle car is partially at fault, damages may still be recoverable. The experienced attorneys at Spurgeon Law Firm will gather information from the accident and formulate a strategy that will seek the maximum compensation for your injuries.
Spurgeon Law Firm is Central Louisiana’s go to law firm for car accidents. Let our attorneys at Spurgeon Law Firm help you seek maximum compensation for your injuries. Contact Spurgeon Law Firm today at 318-224-2222 for a free consultation.
Alexander v. Ford
Leblanc v. Bouzon
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