Who's At Fault in a Rear-End Crash?

Any time a rear end collision occurs, fault is almost always casted on the driver at the back of the collision. After all, their auto collided with the one in front of it. But, despite this common assumption, the truth is often more complex and as a result, the driver at the back side of the collision isn't always fundamentally at fault.

Here, our personal injury lawyer in Supply NC explains who fault is attributed in a rear end crash.

Why the Driver in the Rear is Usually Held Responsible

Fault in auto accident cases is analyzed according to who was most capable of preventing the accident from happening. The driver in back is often determined to be at-fault in rear end collisions because he or she should be following at such a distance to allow for safe stopping in the event the driver in front slams on their brakes. But, while this is the most common case, there are some instances where fault might not be assigned to the driver in back.

When the Driver In Back Isn't At Fault

One of the most common “rear end” collisions where the driver in back isn't at fault is when the driver in front puts their car into reverse and hits the car behind it. An example of this would be when a driver pulls out too far into an intersection at a red light. To get their car out of the line of cross-traffic, the driver will try to back up. The collision happens when the driver fails to notice that the cars behind him have pulled in behind him, so when he reverses, he backs into the car behind him. In this case, it's the driver in front who is to blame for the accident, even though it is considered a rear end accident.

When Fault is Shared

They're not as common as the above circumstances, but there are some situations where the law may consider both parties partially at fault for the collision. An example of this would be when the lead driver is forced to slam on his brakes or performed an erratic maneuver. Shared responsibility is also a frequent determination in cases where heavy fog, smoke, or other vision-affecting conditions played a role in the accident.

Involved in a Rear End Collision? Call Bain & Rodzik Today

If you were recently involved in a rear end collisions and you're not sure if you're at fault or not, call Bain & Rodzik's personal injury lawyer in Supply NC today. We will review your case and provide you with the legal representation you need. If you are the victim of another driver's negligence, we can help you recover the damages you're due.

Call Bain & Rodzik today at 910-762-1199 to schedule a free initial consultation. We're here to help, so call now!