Who Is at Fault in a Rear-End Collision?

Understanding Rear-End Collision Fault Can Help Your Claim

Rear-end collisions are among the most common and dangerous types of car accidents. The force of impact often leaves motorists of both vehicles with serious injuries. Determining fault is essential to file a successful injury claim.

While rear-end collision fault is often assumed by the driver who struck the vehicle in front, liability may not be as straightforward as you think, and understanding who is at fault in a rear-end collision can be tricky. 

Our rear-end accident lawyers have over 75 years of experience helping accident victims determine who is at fault in a rear-end collision. If you were involved in a rear-end collision, contact Smith Law Center today for a free initial consultation at (757) 244-7000 or online.

Understanding Rear-End Collision Fault 

Determining who is at fault in a rear-end accident greatly depends on the details of your claim and the negligence laws of your state. Most states follow the doctrine of comparative negligence or contributory negligence. However, 12 states have adopted no-fault insurance laws: Florida, Hawaii, Kansas, Kentucky, Massachusetts, Michigan, Minnesota, New Jersey, New York, North Dakota, Pennsylvania, and Utah.

Comparative Negligence

Most states use either pure comparative negligence or modified comparative fault to handle car accident injury claims. Comparative negligence allows both parties to be at fault in a rear-end accident and still collect damages. Fault is assigned as a percentage, and those seeking compensation may end up recovering less damages according to their percentage of fault.

Suppose you are found to be 10% at fault for a rear-end accident and are awarded $100,000 in damages. You will only be able to collect $90,000 to cover medical expenses, property damages, and any lost wages. Under comparative negligence, determining who is at fault in a rear-end collision is critical to ensuring you receive full compensation. 

Contributory Negligence

Under the concept of contributory negligence, if you are found to be 1% or more at fault for a rear-end accident, you may not be able to recover anything for your losses. States that follow contributory negligence laws include Alabama, Maryland, North Carolina, and Virginia.

Contributory negligence is very challenging for injured parties. Retaining a car accident lawyer as soon as possible is essential to protecting your right to compensation. 

No-Fault Insurance Laws

Under no-fault insurance laws, if you have been in a rear-end collision, you will file an injury claim through your own insurance. Regardless of who was at fault for the accident, each party is responsible for filing with their respective insurance companies to cover medical costs related to the crash. While the right to sue for medical expenses beyond the insurance policy is limited, your rear-end accident attorney may be able to help if your injuries are particularly extensive. 

Rear-end collision fault is still an important factor in no-fault states. Laws vary, but if you have been struck by a negligent driver in a rear-end accident, the at-fault party is responsible for the property damage. You may need a lawyer after a car accident to help you navigate any unique challenges and maximize your compensation. 

If I Get Hit From Behind, Is It My Fault?

If you were following all traffic laws and weren't driving recklessly, but still got hit from behind by another driver who wasn't being careful, you're probably not at fault for the accident.

That said, if you get hit from behind, you may still be found at fault or partially at fault under certain circumstances. Depending on negligence laws, this can drastically reduce your available compensation. Retaining a rear-end accident lawyer as soon as possible can protect your best interests. 

Is the Person Who Rear-Ends Always at Fault?

In many cases, rear-end collision fault usually falls on the person who rear-ended the other driver. The person who is rear-ended may be at fault or partially at fault if they engage in reckless behavior. Contributing factors in a rear-end collision may include:

• Reckless speeding and weaving between lanes without using signals.
• Reversing into oncoming traffic, especially at an intersection or stop light.
• Broken taillights that fail to warn the following driver to slow or stop.
• Improperly merging into an occupied line.

Determining who is at fault in a rear-end collision can be challenging. Generally, it is assumed that the driver who hits the other vehicle is responsible. However, the details of an accident may show some fault lies with the struck driver. 

How Witness Testimony Can Impact Rear-End Collision Fault

Witness testimony can play a critical role in determining fault in many rear-end collisions. If someone saw the accident happen, their statement can help clarify the sequence of events. When you and the other driver differ in your accounts of the accident, witness statements can help support your version of events.

A witness to a car accident can provide details about the speed of both vehicles if a driver was following too closely, engaging in risky behavior, or if a driver improperly merged into an occupied lane. Their testimony can offer an unbiased perspective that might be critical to proving who was truly at fault.

At Smith Law Center, we will thoroughly investigate the facts of your case, using every resource at our disposal to uncover the truth. We’ll track down key witnesses and ensure their testimony is used to build a strong case in your favor. Call (757) 244-7000 or fill out our quick online form now to take the first step toward securing the compensation you deserve.

Rear-End Accident Injuries and Statistics 

According to a study in the National Library of Medicine, rear-end collisions account for 30% of all traffic-related injuries in the United States. In addition, rear-end accidents are responsible for 17.3% of all collision fatalities. The National Safety Council (NSC) shows that more than 3,400 people died from their injuries in the last reporting year.  

Whiplash

Rear-end collisions can cause serious and catastrophic damage to the spine, head, neck, and internal organs. One of the most common injuries is whiplash. The force of the crash often whips a person’s head back and forth, stretching and bruising muscles and tendons. 

In some cases, whiplash symptoms may be delayed. If the victim does not receive prompt medical attention, the damage can significantly worsen over time and lead to chronic pain. Due to the medical complexity of the injury, you may need a whiplash attorney to accurately value your claim.  

Post-Traumatic Stress Disorder 

The violence of a rear-end collision can have a profound emotional and psychological impact. It is common for victims to suffer Post-Traumatic Stress Disorder (PTSD) after a car accident, leading to sleepless nights, prolonged anxiety, and panic attacks. If you have suffered physical and emotional damage, determining who is at fault in a rear-end collision is critical to recovering the full value of your claim. 

What to Do After a Rear-End Collision to Avoid Common Mistakes

If you are involved in a rear-end collision, it is important to think clearly and remember these mistakes to avoid after a car accident. The worth and validity of your rear-end accident claim rests on establishing the negligence of the other party. By engaging in any of the following actions, you could inadvertently jeopardize your case by making yourself seem at fault. 

Admitting Guilt

Regardless if you believe you are at fault or share some of the blame, it is critical to remain calm, answer questions directly, and stick to the facts. After a rear-end accident, you may be in shock. It can be easy to say something that may jeopardize your claim before you have all the facts. 

Choosing Not To Involve Law Enforcement 

Contacting the police should be the first step after a rear-end accident. In most states, failing to call law enforcement after an injury-causing accident is illegal. To protect your claim, call law enforcement immediately and request a copy of the accident report. 

Not Documenting the Scene

The police report is only one piece of evidence. It is important to take pictures of the damage, road conditions, and anything else that may be relevant to the collision. If there are witnesses, get their contact information and statements, as well. 

Not Seeking Immediate Medical Treatment

Even if you don’t notice any immediate injuries, it is important to seek medical attention after a car accident. Documentation and medical records are critical to establishing fault in a rear-end accident. If you delay getting medical attention, the other party may argue that your injuries are not related to the accident, thereby damaging the value of your claim. 

Get the Support You Need to Determine Who Is at Fault in a Rear-End Accident

Smith Law Center is here to help you through the legal process if you’ve been involved in a rear-end collision. For over 75 years, we have been helping accident victims protect their right to compensation, recovering over $1 billion in settlements and verdicts for our clients. If you have been involved in a rear-end collision, dial (757) 244-7000 and schedule a free consultation today.