Is the Rear Vehicle Always Liable for a Rear-End Accident?

Rear-end accidents are the most common and among the most complicated accidents. They mostly occur at low speeds in heavy traffic or at stop lights. Like any other car accident, you must determine and prove liability before pursuing compensation. While it might seem obvious, determining who is at fault in these accidents can be complicated.

Most people believe the rear vehicle is always liable for a rear-end accident. However, that’s not always the case. Liability in a rear-end accident depends on the specifics of the crash. Keep reading this article to learn more about liability in a rear-end accident and how it’s determined.

Is the Rear Vehicle Always Liable for a Rear-End Accident?

While rear drivers cause most rear-end collisions, they are not always liable for the accident. Therefore, liability in a rear-end collision is not always automatic. In some cases, the front driver may also be held responsible for the damages and injuries. Additionally, other vehicles, pedestrians, and even road conditions can cause this type of accident.

Therefore, it’s crucial to determine the liable party before pursuing compensation. Determining liability in a rear-end accident requires a thorough investigation into the accident. This will help determine which driver was negligent and what percentage of the accident was caused by their negligence. The law of negligence requires the plaintiff to show that:

The defendant owed the victim a duty of care;
The defendant breached that duty of care through negligence; and
The defendant’s negligence was a substantial factor in causing the victim’s injuries or death

Generally, drivers are required to exercise reasonable care while driving. If any of the drivers, whether the lead or the rear driver, failed to drive carefully, causing the rear-end accident, they should be held liable for the damages.

When Is the Rear Vehicle Liable for a Rear-End Accident?

Most rear-end crashes happen when the rear driver fails to leave enough room to stop safely. Rear drivers must keep a safe following distance depending on the road conditions. They will have to adjust their following distance when driving in stop-and-go traffic, at night, on loose gravel, or during wet road conditions. Failure to which they may be held liable for the collision.

Some of the common scenarios rear-end drivers are responsible for these types of accidents include:

They were speeding and unable to stop in time
Tailgating
Distracted while driving
Failed to maintain control of their vehicle
Failed to maintain their vehicle, hence faulty tires or brake failures

These are the various circumstances rear drivers cause rear-end crashes. However, the lead driver may also be liable even if the rear driver did any of the above.

When Is the Front Vehicle Liable for a Rear-End Accident?

In some rear-end accidents, the lead driver may have been driving negligently, causing the accident. Therefore, the front driver could also be held liable for the damages. Some of the negligent acts by front drivers that lead to rear-end accidents include:

Reversing into the rear vehicle
Pull out in front of another car
Braking or stopping suddenly
Driving with broken tail lights and brake lights
Intentionally trying to get hit
Drunk driving
Aggressive driving

The front driver may also be liable if they fail to keep their vehicle in the best condition or handle breakdowns prudently. The car may suffer from a malfunction that could cause a rear-end crash. Technically, these drivers are also liable when they violate the rules of the road.

Liability in Multiple Vehicle Rear-End Accidents

Determining liability in a rear-end accident involving multiple vehicles can be complex. This is because fault depends on the circumstances leading to the accident, and multiple parties may be liable. They happen when a rear car hits the vehicle in front of it, which hits the one after it, and so on, creating a chain reaction.

In some cases, the driver at fault for the original crash could be liable for the damages caused to all the vehicles involved. For example, suppose several cars followed each other closely, and the lead driver had to stop suddenly. In that case, the rear driver behind the lead driver could be held liable even if they were rear-ended.

Comparative Negligence in a Rear-End Collision

There are various circumstances under which multiple parties are at fault to some extent. In this scenario, California’s rule of pure comparative negligence will apply. Under comparative negligence, anyone who contributed to the accident can be liable for the share of damages they caused.

Each liable party will be issued a percentage of fault for the accident. They will then receive compensation based on the other parties’ fault level. The more you contribute to the accident, the more liability you share. This means you can still recover damages even if you’re partly responsible for the accident.

Contact an Experienced Rear-End Accident Lawyer at Kash Legal

Liability is not always clear in a rear-end collision. Conflicting testimonies, multiple vehicles involved, shared responsibility, and other factors can make it difficult to determine fault in these accidents. Therefore, it’s best to consult an experienced car accident lawyer to help you determine and hold the liable party accountable for your damages.

At Kash Legal, we’ll investigate the accident, examine the evidence and help you determine liability. If another driver caused the accident, we could help you build your case and pursue compensation. Don’t hesitate to call us at (888) 527-4128 or schedule a free, no-obligation consultation through our contact form.