Is the Rear Driver Always Liable for a Rear-End Collision?

rear end accident

There are many possible reasons for a rear-end collision, such as tailgating, distracted driving, abrupt turns, and poor weather conditions. No matter what the cause, these dangerous accidents can result in serious head, neck, and other body part injuries.

With injuries and damages come bills, giving you more reason to file for compensation.

While it’s not easy determining who’s at fault in a rear-end collision, it’s necessary to recover compensation. This is where your Glendale auto accident attorney will be able to help; in determining who is at fault.

Is the Back Driver Always at Fault?

car accident

No, it’s not always the tailing driver who is at fault.

Yes, the tailing driver should slow down or stop if the vehicle in front does the same and maintains safe distances while driving.

Unfortunately, they often fail to do so, usually because of distractions like talking or texting on the phone or aggressive driving. And it’s this poor response that results in rear-end collisions and subsequent accidents and injuries.

When the Driver in Front Is at Fault

However, often, the driver at the back isn’t at fault. There are situations where the driver in front is responsible for a rear-end collision.
The front driver should also drive safely as their negligence can also lead to a rear-end collision. Possible situations where the front driver is at fault include:

  • Turning in front of another vehicle wherein the driver behind has no time to brake
  • Fatigue, distraction, or intoxication lead to missing oncoming hazards or stopping on time, thus leading to an accident.
  • Crowding in front of another vehicle while merging into traffic
  • Backing into a car behind their vehicle
  • Inoperable or malfunctioning brake lights wherein the rear driver don’t know if they are braking or coming to a stop.

Determining Who Is at Fault for a Rear-End Collision

911 emergency

Often, the lead driver shares the blame for the accident with the driver at the back. Don’t worry; you will be able to recover compensation even if evidence proves you are partially to blame for the accident.

You will receive compensation as long as the other party is 50% or more at fault. But the court will reduce it based on the proportion of your negligence.

If you get involved in a rear-end collision, following these steps help you determine who’s at fault:

  • Call 911 if you or someone else is injured. Your consequent actions depend on the seriousness of your injuries.
  • If possible, take photos or have someone else take photos of the accident as proof. Pay special attention to the position of vehicles and any roadway damage like skid marks.
  • Speak to witnesses and collect their contact information.
  • Note down the weather, road, and lighting conditions.
  • Provide the police with a statement

The responding officer will make an initial determination of fault.

However, do not admit fault to anyone, including the police or other driver. You never know who’s at fault, and evidence will sometimes prove that the other person or both of you are at fault.

Once you admit guilt, it’s difficult to prove anything else.

Consult with an Auto Accident Lawyer in Glendale

lawyer

While the back driver is usually at fault, you never know till evidence proves so. That’s why you need to protect your rights, whether the front or back driver.

And there’s no one better to help you than an experienced and professional Glendale auto accident lawyer.

They will conduct the necessary investigation, collect evidence, go against the insurance company and even go to trial for you if necessary.

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