Following Motorists Allowed to Recover Damages
Most drivers understand that they have a legal duty to follow other vehicles with care and maintain a safe distance. They also understand that when a rear-end accident occurs, the following driver is presumed to be at fault. The key word, however, is presumed.
Gilmore v. Allstate Insurance Company shows that the presumption can be overcome. The case involved two motorcyclists who collided with a truck in front of them, causing them various personal injuries and damages. The motorcyclists were able to convince the court that they were traveling safely with due attention to the road when the collision occurred.
The Gilmore case is a perfect example why contacting an experienced personal injury attorney for a case review after an accident is extremely important. Had the Gilmores just presumed they were at fault because they were the following motorists in the accident, they would have been left to pay their medical bills and other expenses from their own pockets.