Is Getting Rear-Ended Your Fault?

Rear-end collisions are one of the most commonly reported automobile accidents. According to the National Highway Traffic Safety Administration, rear-end accidents account for 30% of all United States traffic accidents. Many drivers automatically assume the rear driver is always liable for the accident, but that’s not always the case. There are some instances where the lead driver may be held responsible for a rear-end accident.

If you think you caused a rear-end accident as either driver, you should contact a car accident attorney. They’ll be able to review your case and help determine if you were at fault. Even if you are held liable, you may still be able to recover some compensation.

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Is Fault Automatic in Rear-End Accidents?

Who’s at fault for any accident is never automatic. Fault in an accident is determined by negligence. To recover compensation after an accident, victims need to prove the other party was negligent. There are three elements to this:

  1. The party owed the victim a duty of care.
  2. The party breached that duty of care through negligence.
  3. The party’s negligence was a primary factor in causing the victim’s injuries.

When behind the wheel, the basic duty of care is:

  • Using reasonable care when operating a vehicle
  • Looking out for pedestrians or other hazards
  • Keeping control of the vehicle’s speed and movement

If you fail to follow the basic duty of care, you may be driving negligently.

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person taking a picture of a rear end car accident with their phone

Who’s at Fault in a Rear-End Accident?

Determining who’s at fault for a car accident is essential because that determines who’s liable to pay for the other drivers’ damages. Liability can be shown by figuring out if a driver was negligent and what percentage of the accident that driver’s negligence caused. An attorney can prove negligence in several ways, including highlighting the following behaviors:

  • Texting while driving
  • Distracted driving
  • Speeding
  • Tailgating

In most cases, the rear driver is responsible for a rear-end collision. However, if an attorney can prove the lead driver was also acting negligently, they may be held partially accountable as well.

Comparative Negligence

Depending on where you live, the outcome of a collision will vary. Fortunately, most states follow the comparative negligence rule, which distributes fault between both drivers. There are two different types of comparative negligence:

  • In pure comparative negligence, liability is split according to each driver’s fault. For example, if the lead driver is 20% to blame for the collision and the damages equate to $10,000, they may be able to collect up to $8,000.
  • Modified comparative negligence is a little more complicated. Liability is split according to the percentage of fault to a certain level. If a plaintiff meets or exceeds that level, they are barred from recovering damages. The limit is usually 50%. In a nutshell, if a plaintiff is more than 50% liable for the accident, they cannot recover any damages from other at-fault drivers.
two toy cars demonstrating a car accident
two toy cars demonstrating a car accident

Comparative Negligence

Depending on where you live, the outcome of a collision will vary. Fortunately, most states follow the comparative negligence rule, which distributes fault between both drivers. There are two different types of comparative negligence:

  • In pure comparative negligence, liability is split according to each driver’s fault. For example, if the lead driver is 20% to blame for the collision and the damages equate to $10,000, they may be able to collect up to $8,000.
  • Modified comparative negligence is a little more complicated. Liability is split according to the percentage of fault to a certain level. If a plaintiff meets or exceeds that level, they are barred from recovering damages. The limit is usually 50%. In a nutshell, if a plaintiff is more than 50% liable for the accident, they cannot recover any damages from other at-fault drivers.
Car Accident where one car rearended another

When Is the Lead Car Liable for a Rear-End Accident?

Most rear-end accidents are a result of the rear driver following too closely behind the lead driver. A court, jury, or insurance company may hold the lead driver liable for an accident when they drive recklessly. Liability depends on several factors. If the lead driver cuts across multiple lanes without signaling or crosses a solid yellow line, they may be held liable.

Lead cars may also be responsible for an accident when the driver:

  • Brakes suddenly
  • Reverses into the car behind them
  • Drives with broken brake lights
  • Drives while intoxicated

If you were the lead driver in a rear-end accident, you still might be at fault. For help determining if you are, contact a car accident attorney.

Call the Barnes Firm after a Rear-End Collision

Following a rear-end accident, you may feel confident about your chances of receiving compensation for your damages. Keep in mind, though, that you still may be responsible even if you were the lead car. At The Barnes Firm, we will launch a full investigation into your case to determine if you were partially responsible for the accident. You can be confident we will always act with your best interests in mind.

At our firm, you will get our best car accident lawyers on your case who will strive to get you the compensation you deserve following an accident. Call today or complete a contact form for your free case evaluation.

The Barnes Firm (800) 800-0000

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