Who’s at Fault in Rear-End Collisions? WA Guide

Podcast Transcript: Who’s at Fault in Rear-End Collisions? WA Guide

Disclaimer

The information provided in this podcast is for general informational purposes only and does not constitute legal advice. Listening to this podcast does not create an attorney-client relationship with Foyle Legal. For advice tailored to your situation, please consult a qualified legal professional.

Introduction

Welcome to Personal Injury Claims Explained by Foyle Legal – your trusted source for understanding personal injury claims in Western Australia. Each week, we simplify complex legal issues, from motor vehicle accidents to workplace injuries, so you can confidently navigate your rights and claim the compensation you deserve.

Understanding Rear-End Collisions

Ever been stuck in stop-and-go traffic, inching forward and bracing for brake lights when – bam! You’ve gotten a bit too close to the car in front. It happens more often than you’d think and usually at the worst possible times. Today, we’re diving into rear-end collisions, focusing specifically on situations in Western Australia.

Is the Rear Driver Always at Fault?

There’s a common assumption that if you hit someone from behind, you’re automatically at fault. While this is often the case, it’s not always so straightforward. According to Foyle Legal’s guide, each case is evaluated on its own merits, meaning the driver in front may be held partially responsible under certain circumstances.

For instance, if a driver cuts in front of you abruptly, forcing you to brake suddenly and causing a rear-end collision, they may be held accountable. This is because they created a dangerous situation. The key point here is that it’s essential to look at what happened leading up to the collision.

What is Contributory Negligence?

Contributory negligence means that if your actions contributed to the accident, you may still share some of the blame, even if you were the one rear-ended. For example, if you slammed on the brakes without a good reason, the court might find that your action contributed to the accident, potentially reducing any compensation.

Common Situations of Shared Fault

Examples of shared fault include:

• Braking suddenly without reason
• Failing to signal
• Driving erratically

All of these could place some responsibility on the lead driver. This highlights how critical it is to drive predictably and safely.

Injuries in Rear-End Collisions

Rear-end collisions can lead to injuries that aren’t always obvious right away, like whiplash. It’s important to seek medical attention even if you feel fine initially. Some injuries may appear only hours or days after the incident.

Filing a Claim in Western Australia

The claims process in WA can be overwhelming. You must report the accident to the police and your insurance, even if you believe the other driver is fully at fault. Consulting a personal injury lawyer can simplify the process and help you understand your rights, gather evidence, and manage the claims process.

No Win, No Fee Arrangements

At Foyle Legal, we work on a no-win, no-fee basis. This means you don’t pay any legal fees upfront and only pay if your case is successful. This arrangement makes legal representation accessible for those who may otherwise find it financially difficult.

How Insurance Companies Determine Fault

In WA, a fault-based system determines who is responsible for covering damages. If you’re partially at fault, this can impact the compensation you receive. For example, if you’re found 30% responsible for the collision, your compensation might be reduced by that amount.

Evidence Gathering

Determining fault relies on evidence, which includes:

• Police reports
• Photos or videos from the scene
• Dashcam footage
• Witness statements

In complex cases, experts such as accident reconstruction specialists might also be called in to provide professional opinions.

Consequences of Being Found at Fault

If you’re found at fault, there may be consequences beyond financial costs, including increased insurance premiums, fines, demerit points, or even legal action in serious cases.

Proportionate Liability in WA

WA follows a proportionate liability system, meaning that even if you’re partially at fault, you could still seek compensation. However, the amount would be reduced in proportion to your share of the blame. For example, if you’re 20% responsible, you could still recover 80% of the damages.

Final Thoughts

In summary, don’t jump to conclusions after a rear-end collision. Seek medical attention, understand your rights, and if you’re unsure, consult a professional.

Thank you for listening to Personal Injury Claims Explained by Foyle Legal. We hope this episode clarified your rights and next steps in your injury claim. Don’t forget to subscribe, leave a review, and visit foylelegal.com for more useful information.

Until next time, drive safe!