Every year in the United States, 20 to 50 million people get injured in car crashes. With over 200 million drivers on the road, car accidents are an unfortunate inevitability.
When it comes to accident types, rear-end collisions are one of the most common. There are almost 2 million every year!
Typically, it’s the driver in the back who is held responsible for the accident in a rear-end collision. But sometimes even with enough space between 2 vehicles, the front driver can stop short, causing the driver in back to crash into their back bumper.
So the question remains, when is a rear-end collision not your fault?
In this blog, you’ll find essential things to know to determine when a rear-end collision is and isn’t your fault.
Who Is at Fault in a Rear-End Collision?
It’s safe to say that most people, insurance companies, police officers, and drivers assume that the driver who hits the vehicle in front of them is at fault.
Many times this is true. There’s a reason why drivers should leave a 3-second space cushion between their vehicle and the car driving in front of them.
Drivers who tailgate or drive recklessly should be held responsible when their careless or aggressive driving leads them to crash into the car in front of them.
Sometimes a situation warrants a driver to slam on their brakes. If the driver behind has put enough distance between their car and the car in front, they should have enough time to stop as well.
But it doesn’t always work out this way. There are many situations in which the driver in front causes the accident.
Negligent Drivers Cause Accidents
If it can be proved that the driver in front was negligent in some way, then the driver who rear-ended them may not be at fault.
To prove that the driver in front was negligent, you have to prove that the driver you hit breached their duty as a reasonable and responsible driver.
Here are some examples of negligent driving on behalf of the driver in front:
- Failing to stop within a reasonable time
- Failure to pay attention to the road
- Failure to look out for hazards
- Failure to maintain control of the car
- Failure to yield the right of way
- Failure to use signals
The key here is that if you’re the driver in back, you must prove that the driver in front was negligent.
When Is a Rear-End Collision Not Your Fault?
If you rear-end a vehicle in front of you, it’s likely that you’ll be found at least partially negligent. That’s why the law requires drivers to follow other vehicles at a safe distance. It’s every driver’s duty to make sure they maintain that distance, should anything unexpected arise.
However, there are circumstances in which the driver in front is negligent, such as:
- The driver suddenly stops to make a turn but doesn’t execute the turn
- The driver reverses suddenly
- The driver’s brake lights don’t function properly
- The driver gets a flat tire but doesn’t pull over and doesn’t turn on the vehicle’s hazard lights
In the event of an accident, most drivers are hesitant to admit any fault. If you rear-ended someone, but it was NOT your fault, gather as much evidence as possible so that you can prove you were not at fault.
As long as you are physically able to do so, take as many photos as possible, look for witnesses, and get a copy of the police report.
Here are the steps you should follow should you find yourself in a minor car accident.
Comparative Negligence vs. Contributory Negligence
In some states, like Alabama, if a driver contributes at all to damage or injury, they may not be able to recover all or any of their claim against another driver. This is known as contributory negligence.
Even if the driver in front backed up suddenly on the highway, if they can prove that you contributed to the accident at all, you could lose out on your claim.
CWA, car accident lawyers stress how important it is to acquire an attorney in these situations. The smallest detail could make or break your ability to make a claim and get the compensation you deserve.
In pure comparative negligence, the liability is split based on the determined percentage of fault. For example, if you’re 30% to blame, you’ll only be able to collect 70% of your damages.
In modified comparative negligence, the liability is split based on the percentage of fault as well, but only to a certain extent. In most states, if you can be proven at fault by more than 50%, you’re unable to receive compensation for injuries or damages. If you’re less than 50% at fault, you should be able to recover up to the percentage in which you weren’t at fault.
Rear-End Accidents Are Serious
Rear-end accidents can cause severe injuries and expensive damage.
Some of the more common injuries that occur from rear-end accidents are:
- Broken bones
- Lacerations
- Burns
- Whiplash
- Concussions
- Spinal cord injuries
- Severe soft tissue injuries
- Traumatic brain injuries
Many of these injuries can result in hefty medical bills, missed work, property damage, lost quality of life, and physical and emotional pain.
The best thing you can do for yourself and your claim is to get help from a seasoned auto accident attorney.
Get Help To Prove Negligence
When is a rear-end collision not your fault? Even if you were not at fault in a rear-end collision, you could still be held responsible, at least partially.
If you rear-ended someone and you were not at fault, the best thing you can do is gather as much evidence as you can at the scene, and then get help from a car accident attorney. If you weren’t at fault, you must prove the other driver was negligent.
Are you still unsure as to whether or not you need a lawyer? Here are all the reasons to hire an experienced car accident attorney.
