Who Is At Fault in a Rear-End Collision?

Rear-end accidents are often straightforward cases. Typically, the person in the back is at fault for the crash and is, therefore, liable for the damages that result from the accident. However, every case is different, and liability can be more complex under certain circumstances. If you suffered an injury in a rear-end collision because of another driver’s negligence, you have the right to seek compensation for your losses.

What Are Some Common Causes of Rear-End Collisions?

Rear-end collisions are often the result of one driver’s negligence. Sometimes the consequence is as minor as a fender bender or as severe as a deadly crash. Unfortunately, collisions involving motorcyclists or commercial trucks can have catastrophic consequences, even when the collision occurs at a relatively low speed.

The most common cause of a rear-end crash is tailgating, which involves one driver following another too closely. This is dangerous for several reasons. For example, it significantly decreases the car’s reaction time, making it more difficult for them to avoid colliding if the other car slows down or needs to stop abruptly. In addition, tailgating is often a product of reckless driving or road rage, making it even more dangerous.

Other common causes of a rear-end accident include:

Driving while distracted. Distracted drivers are especially dangerous. They often do not attempt to slow down because they do not see the collision coming. Distractions can be visual, manual, or cognitive, but they all divert attention from the road.
Disobeying traffic laws. Speeding can make it difficult for someone to stop their car in time to avoid a crash. When coupled with reckless driving or following too closely, speeding is even more dangerous.
Defective brakes. When a car’s braking system fails, it is a danger to other vehicles. Modern vehicles give digital warnings for defective parts, but there are telling signs of worn brake pads or other defects in older cars as well.
Driver error. A driver can lose control of a vehicle for a variety of reasons. Inexperienced drivers have more difficulty controlling their cars and make mistakes more often.

The cause of the accident is relevant to a negligence claim. When you contact the police following a crash, one primary concern in their investigation is determining the cause of the accident, which will typically lead them directly to discovering who is at fault.

When Could the Driver in the Front Be Liable?

While most rear-end collision cases are the fault of the driver in the back, the driver in the front can be at least partially at fault under certain circumstances. Some examples of negligence that could lead to getting rear-ended by another vehicle include the following:

Not moving a car with a mechanical issue to the sign of the road and out of the line of traffic
Suddenly putting the vehicle in reverse or backing out of a parking space where the driver in the lane has the right-of-way
Driving with a broken taillight
Knowingly driving with brakes that are failing
Performing a “brake check” on the driver behind them

In any of these cases, the driver in front could be liable for damages. In addition, if the cause of the accident is brake checking, they may face additional charges or fines from the police. Brake checking is a form of reckless driving called road rage. It can lead to a rear-end collision, even when the driver behind the car does not follow too closely. It can even lead to a physical altercation between the two drivers. However, proving intentional brake checking can be challenging, but if possible, it could shift all blame to the driver performing the act.

What if Both Cars Are Liable for the Accident?

While less common than most auto accident cases, both cars can be liable for a rear-end collision. For example, if the vehicle in the front hits the brakes too aggressively, they could be responsible, but if the car in the back follows too closely, they might also bear some responsibility. If you are partially liable, you could still recover a portion of the damages available in your case. In most states, it depends on the version of comparative negligence applied to cases involving shared fault.

The Comparative Negligence Rule

The comparative negligence rule states that both parties are responsible for damages in the amount representative of their share of fault for the accident. However, whether or not the partially liable plaintiff can recover compensation in a car accident claim depends on the type of rule followed. There are two versions:

Pure comparative negligence. States that follow the pure version allow you to recover compensation even if your liability exceeds the other party’s percentage of fault.
Modified comparative negligence. In states that follow the modified version, you cannot recover damages if you are more at fault than the other driver. Additionally, some states set the limit at 49%, while others put it at 50%.

For example, most states adhere to the modified comparative negligence rule. If you are 10% liable in one of those states, they will deduct 10% from the available damages. If you are 50% or 51% responsible, they will disqualify you from collecting damages.

How Do You Prove Negligence in a Rear-End Collision?

As the plaintiff, you must prove the other party’s negligence, which requires presenting evidence supporting the three elements of a negligence claim. First, you must show that the driver owed you a duty of reasonable care, ensuring their actions were as safe as possible on the road. Then, you must show that they violated that duty by breaking traffic law and causing your accident. Finally, you have to prove the accident directly caused your injuries. You can contact an attorney to help you build your case at any point.

Can a Car Accident Attorney Help?

An experienced car accident attorney has seen many rear-end collisions in their career. They understand the financial, physical, and emotional devastation a severe accident can have and will fight to protect your rights and ensure you get the compensation you deserve. Some of their duties include:

Investigating the other party’s role in the collision to determine who is at fault
Gathering evidence to support your negligence claim and the damages you suffered
Protecting your from rights violations and bad faith practices by the insurance company
Handling all conversations with the defense
Preparing your demand letter
Drafting interrogatories to ask the defendant in a lawsuit
Preparing all the necessary paperwork to file an insurance claim or a lawsuit with the civil court
Using their negotiation skills to reach a fair settlement or taking your suit to trial if the insurer fails to settle

At Fielding Law, our team of experienced car accident attorneys will represent you aggressively to protect your best interests. We have helped hundreds of car accident victims get the compensation they need to get their lives back or begin anew. Our priority is to ensure your success. If you recently suffered an injury in a rear-end collision, we can help you prove the other driver’s negligence and hold them responsible for damages. The first step is to contact Fielding Law at (877) 880-4090 or complete the online form to set up your free case evaluation and speak with a car accident attorney. At the very least, we can offer you peace of mind and answer your questions.