Liability in a rear-end car accident case is usually pretty clear. Most drivers who cause rear end accidents simply weren’t paying attention to the road, perhaps reaching down to get something which fell on the floor, speeding, etc.
Generally, in a rear-end accident case, two Delaware motor vehicle statutes come into play:
- Following too closely
- Careless/inattentive driving
Following Too Closely Leads to Rear End Accidents
Delaware Code Section 4123 details drivers’ duties with respect to the distance between two cars. Delaware Code Section 4123(a) provides:
The driver of a vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway.
Often, in rear end car accident situations, the person in the rear was driving too closely to the car in the front. Factors such as time of day and amount of traffic on the road often contribute to rear end accidents. For instance, a driver who is following another car too closely in heavy traffic may cause a rear end accident when the driver in front comes to an abrupt stop.
Suggested Reading: Common Rear End Accident Injuries
Careless/Inattentive Driving Leads to Rear End Accidents
Whether it’s using a cell phone or otherwise not paying attention to the road, many drivers who cause rear end accidents often receive citations for Careless Driving. Delaware Code Section 4176, subsections (a) and (b) provide:
(a) Whoever operates a vehicle in a careless or imprudent manner, or without due regard for road, weather and traffic conditions then existing, shall be guilty of careless driving.
(b) Whoever operates a vehicle and who fails to give full time and attention to the operation of the vehicle, or whoever fails to maintain a proper lookout while operating the vehicle, shall be guilty of inattentive driving.
Following too closely and careless driving are not mutually exclusive of each other. Rear end accidents are often caused by following too closely and careless driving in addition to a variety of other factors, such as:
- failing to keep a proper lookout,
- cell phone use, and
- drunk driving.
If you were injured in a rear end accident in Delaware and would a free assessment and consultation, please contact our Delaware car accident lawyers. (302) 658.1717
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Since 1982, firm founder, Martin Knepper, has served residents of Delaware in all personal injury matters, including car accidents and truck accidents. Contact our accident lawyers today and ask for a free consultation. (302) 658.1717
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