Despite the improvement in road safety, car accidents are a common occurrence. They can cause severe physical and emotional damage. Rear-end accidents are one of the most common types of car accidents. A rear-end accident occurs when one vehicle hits another from behind.
A rear-end accident can occur for various reasons, such as a driver following too closely, distracted driving, speeding or a sudden stop. The driver who hits the car from behind is almost always considered at fault. However, there may be cases where the driver in front – and/or another party entirely – is at fault.
Either driver can be at fault
Drivers are responsible for maintaining a safe distance from the car in front of them. This safe distance allows them to react in time in case the car in front stops suddenly or makes a sudden turn. If the driver following the car in front cannot stop or swerve in time and hits the lead car, they are usually considered at fault.
However, there are situations where the driver in front is at fault. For instance, if the driver in front suddenly stops without any valid reason or is driving with malfunctioning brake lights, the driver behind may not have enough time to stop and avoid a collision. In this case, the driver in front may be considered at fault for the accident.
Both drivers can be at fault
Sometimes both drivers may share the blame for a rear-end accident. This is called contributory negligence. Contributory negligence means both drivers were partially responsible for the accident. For example, if the driver in front suddenly stopped, but the driver following was also driving too closely, both drivers may be considered partially responsible for the accident.
It is also possible for a third party, such as an auto manufacturer or a company that employs an overworked truck operator to be solely or partially to blame. It is, therefore, important to avoid making assumptions about causation in such cases until you’ve sought personalized legal guidance.
