The first thing we are going to do is get into a factual background. Imagine that you are driving around town and the car in front of you jumps on the breaks immediately without any kind of notice. Even though you were paying attention to the road and you weren’t distracted by anything, you can’t manage to stop on time and, hence, rear-end the other car.
A verbal fight breaks out with the other driving claiming that he warned you by putting on his emergency lights and so forth. Long story short, there is a claim being filed your way and you are uncertain how things are going to unfold.
The first thing that you need to do is get legal representation. It goes without saying that this should be one of your main and most important concerns. Making sure that your rights are properly represented in court is something absolutely critical and you should definitely take it into account. This is going to ensure that you are not bullied around by insurance companies or by other lawyers.
Next, you want to make everything absolutely clear to your lawyer. Winning this claim is not going to be easy. If it’s even possible, so you need to ensure that the lawyer has all the information that he can get. This is absolutely critical.
The issue
The problem is that the law presumes that the driver who has rear-ended is the one at fault. Therefore, the onus of proof is always going to be on him. There are a few different mechanisms that you can take advantage of in order to defend yourself in situations of the kind. To start with, hire the services of an experienced lawyer so that they ensure that your rights are protected.
First, you can try to establish that you have not been negligent. Negligence in situations of the kind is rather encompassing. You need to show that you have been driving at the necessary speed and keeping the necessary distance in between the cars. This is something important.
The other approach that you can undertake is to chase the plaintiff and try to strip him off his right to sue you. There are a few different ways you can do so. First, you can establish that he doesn’t have a valid insurance policy – this is the most desirable outcome, even though it’s hardly the case in most situations. Second, you might establish that he was the one who caused the unsafe road conditions by being distracted, drunk driving or negligent in general.
Of course, these are not things that are done easily and the presence of a professional and experienced injury lawyer is definitely something that you should account for when it comes to it. Make sure to find one with the necessary expertise. They will help you get the necessary legal assistance in time.