When a driver strikes a vehicle in the read, it is presumed that driver is at fault. However, victims pursuing personal injury cases must still show that the driver’s negligence caused the accident and subsequent injuries. Negligence exists when one driver breaches his or her duty to act as a reasonable and prudent person would act under the circumstances, causing another person’s injuries.
Comparative Negligence is when the fault of an accident is often shared among most or all of the people involved in the accident, however, just because a person was assigned a portion of the blame, they does not mean they cannot recover damages.
Damages are awarded proportionally based on each party’s degree of liability. Victims of auto accidents may be compensated for loss of property, lost wages, medical expenses, loss of earning capacity, and pain and suffering.