Rear-End Accident Injury Lawyers - Get Help Now

Who is Responsible for a Rear-End Accident?

9 times out of 10, the driver who strikes the vehicle from behind will be cited at fault in a crash.

This is not always the case however, and depending on the negligence laws there may even be shared responsibility.

After a collision, before filing an insurance claim or talking with an insurance adjuster, you should speak with a professional car accident attorney.

Review the insurance claim rules and how your injury claims work in your state during your free initial consultation with an attorney. Your legal team will help determine what fault doctrine is recognized in the jurisdiction of the accident and how much compensation you may be entitled to.

Insurance Rules: At-Fault vs. No-Fault Liability Explained

Here is a general overview of insurance fault doctrines used:

At-Fault Insurance - Most States use at-fault-based insurance rules for car accidents. In this scenario, the at-fault motorist will be held responsible for repairs, medical bills, lost wages (economic losses), and potentially pain and suffering (compensatory compensation), and possibly punitive. The motorists liability insurance coverage will be responsible to pay these. Victims in these accidents can sue the at-fault driver and/or their insurer.

No-Fault Insurance - In these States, motorists must purchase Personal Injury Protection (PIP) from their insurance provider. PIP covers the driver for medical bills and lost wages, up to a certain amount, no matter who is at fault. Each driver involved in a collision looks to their own insurance company to cover their losses. This does not mean an at-fault driver cannot be sued for damages above and beyond what the PIP provides. Generally, accident victims who suffer permanent injury can seek greater compensation from at-fault drivers in a no-fault State.

Click here for a more in-depth walkthrough on how fault and liability in an accident works..

Legal responsibility after an accident can get complicated - fast.

All good car accident lawyers know contributory actions, multiple involved parties, shared responsibility, conflicting testimony, and unique case details which can make determining who is responsible a messy proposition. Sometimes, however, the evidence is clear, the law is clear, and accountability is evident. The easiest answer is any motorist that violates traffic laws is in breach of duty and has responsibility.

Common traffic code violations include:

• Running a red light
• Speeding
• Reckless driving
• Tailgating
• Distracted driving

Tailgating, often cited as following too close, results in a failure to stop quickly and is a primary cause of nationwide rear-end accidents. The driver who is cited for following too close or a failing to stop will be the person assumed at fault in the accident until evidence supports otherwise.

Types of Rear-Collisions Collisions Our Lawyers Handle

Slow speed/low impact: Slow speed rear impacts involving light or no damage to the involved vehicles but possible injuries (whiplash, neck pain, etc.)

High-Speed Wrecks: Reckless speeds resulting in rear impacts that cause serious injury and in some cases death.

Multi-vehicle rear-end collision: Multiple-vehicle pile-ups and multi-car collisions are among the deadliest form of accident and can complicate who's at fault. These specialized cases require a personal injury lawyer with specialized expertise to obtain the best possible outcome.

Rear-ended by commercial truck: Accidents involving semi-trucks, commercial vehicles (tractor-trailers, 18-wheelers, big-rigs, dump trucks, etc.) involve specialized insurance and can give rise to complex insurance claims.

Stop Sign Accidents: Collisions at four-way stops and intersections where vehicles fail to stop their forward momentum before striking the front car. This can cause the struck car to enter the intersection and collide with other motorists.

Sudden Stop Accidents: This refers to car accidents that occur as a result of the motorist in front being forced to stop suddenly and the rear vehicle, driving too close, is unable to stop in time before colliding with the stopped vehicle.

Tailgating: Motorists who follow too closely to the front vehicle are tailgating. Motorists have a duty to drive at a reasonably safe distance and speed and be able to stop suddenly to avoid a collision if the front vehicle brakes suddenly. However, the rear driver is not ALWAYS at fault for tailgating accidents.

What happens to your body in a rear-end crash?

Even at slow speeds, the sudden impact can cause forces that are violent enough to damage the soft tissue and muscles in the body. Muscle sprains, tears, and ligament damage can all result from the wrenching motion caused by the strike. These injuries can be exceedingly painful and impact mobility.

Harm to the neck, whiplash injuries, and impact trauma are still possible for passengers and drivers hit at slow speeds. Additionally, back pain after an auto accident is not uncommon.

The injuries sustained will generally be the responsibility of the motorist who hit the car in front. In no-fault states, you may file an insurance claim against your own PIP insurance policy for compensation. At-fault states allow accident victims to seek compensation from the at-fault driver.

Who is at Fault if Multiple Cars Rear-End Each Other?

Like falling dominoes - in a multi-car pile-up, a chain reaction can happen where one car rear-ends another only to collide with the next, and so on.

To illustrate, in a three-car rear-end collision, the back car hits the middle car and the middle car, hits the front car. Determination of fault becomes more difficult to establish in a multi-car pileup.

Factors that can determine fault include:

• Which motorists were cited for moving violations?
• What was the speed of the back car at the time of the wreck
• Drivers, passengers, and witness testimony
• Were these multiple incidents or just a single accident

The data above will be gathered by police and outlined in the accident report. This evidence will need to be established, so a determination of fault can be supported. Generally, the last driver and their insurer will usually be held liable for the incident. The back motorist holds the majority of fault for causing the incident. Drivers and their insurance companies will make claims against each other and the back driver.

At-fault insurance scenarios can proceed in the following way:

1. The middle driver is cited for following too close. The front driver’s insurer will pursue a settlement from the responsible parties insurance company.
2. The back driver is cited for following too close. The middle driver’s insurer will pursue damages from the back driver for their injuries.
3. The middle driver can also pursue compensation for the damages they paid to the front driver.
4. The back-driver's insurer will counter, claiming the middle driver is also negligent since they were cited for following too close.

In a multi-car rear-end accidents, there are three main types of evidence that can impact your case:

• Independent witnesses
• Vehicle damage
• Most significant - the front driver’s testimony

This general insurance scenario does not consider the variety of negligence laws and fault rules of each State. When commercial vehicles are involved the stakes are raised and an experienced truck accident attorney will be critical to help recover damages.

Driver Duties, Negligence, and Motor Vehicle Liability Insurance Claims

Driver's licensed to operate a vehicle on our shared roadways have a general duty to operate their vehicle in a reasonable and safe manner to protect other pedestrians, drivers and passengers. Operating a vehicle in any manner which breaches these duties may be considered to have been negligent.

Duty to Drive at a Reasonable Speed: Motorists have a duty to drive at responsible speeds, and failing to do so is a breach and could lead to being found negligent if a more reasonable speed would have avoided an accident event.

Duty to Maintain Equipment: Drivers have a duty to keep their vehicle operating in a safe condition and perform maintenance and repairs to keep it operating safely. If what caused a car to be struck from behind was a failure of equipment or a part that rendered the vehicle unsafe to operate the driver may be found negligent.

Duty to Take Reasonable Action To Avoid: Motorists are expected to take reasonable action to avoid a collision if and when an opportunity exists. The rear vehicle taking no action to avoid the impact may leave the driver in breach and be found negligent.

Duty to Maintain Control of The Vehicle: Motorists have a duty to maintain control of their vehicle at all times and make reasonable adjustments to speed and operation for weather conditions, traffic, visibility, and other road factors. If losing control of the vehicle results in a rear crash, the driver may be found in breach for having lost control of the vehicle and found negligent.

Duty to Be On The LookOut: Motor vehicle operators are expected to watch for hazards and be alert for potential problems. The actions the driver takes in response to the environment at the time of the accident will be compared with the actions of a reasonably prudent person when assessing the accident event.

Duties Determined by State Law: In addition to the driving laws in each state, specific duties may be imposed on drivers in addition to the general duties outlined above which must be followed so that the operator will not be found negligent.

More information on specific State imposed duties can be found in our State by State statute resource. If another driver's negligent actions caused you to get hurt, call to speak with our top-rated auto accident attorneys right away to discuss the specific details of your case.

 

Distracted driving combined with tailgating is a formula for a car wreck and serious injury.

If you would like to learn more about the issue of distraction-caused car accidents, visit our definitive distracted driving guide here.

Tailgating can be intentional or unintentional.

Intentionally Tailgating another Vehicle

When people are frustrated by slower moving vehicles or aggressive drivers, they may start following them much closer than they should. Tailgating is unsafe, risky, and unlawful. This behavior leads to a majority of rear-end wrecks.

By riding another motorist's tail, drivers pressure other motorists, and it's commonly intentional - pressuring motorists for a number of unacceptable reasons.

• Attempting to make green lights
• Trying to pass other drivers
• Pressuring motorists to drive faster
• Thinking they are drafting off the lead vehicle
• Road rage or anger with another driver
• Drunk Driving / Impaired Driving
• Assuming they have the right of way

These reasons will not excuse the driver from legal fault in a crash.

It is important to remember if a driver admits to tailgating or something similar after a crash, it supports fault and intent. Rear-ending someone “by accident” or without intent means the rear driver did not expect the vehicle in front of you to stop. Intentionally tailgating is evidence of a breach of duty when a driver has chosen to disregard traffic laws and the safety of other drivers and passengers. Willful or gross negligence laws can come into play depending on the State and specific circumstances.

The exception to this is a crash caused by brake checking, where the front vehicle may be held responsible if you can prove it.

Unintentional Tailgating

Many safe drivers often tailgate unintentionally. Even though they don't mean to tailgate, they still follow the front vehicle to close. They will most likely be held responsible in a rear-end collision.

Reasons for unintentionally tailgating include:

• Fatigue
• Ignorant driving
• The habit of following too close
• Tailgated by another driver
• Distracted driving
• Texting and driving

The three-second rule below is also used to find the appropriate following distance while driving at varying speeds:

Other tips to avoid tailgating:

• Obey speed limit
• Let them pass when safe
• Know and follow traffic laws
• Be a defensive driver
• Stay in the right lane
• Avoid aggressive drivers

If you are being followed too closely, you should never do anything to increase a tailgaters aggressive behavior and put your safety at risk. Intentionally hitting the brakes (brake checking) to cause a reaction shows reckless driving on your behalf.