Are Rear-End Drivers Always at Fault?

Distracted driving is a growing epidemic and a major contributing factor to a wide variety of different types of motor vehicle accidents. One of the ways in which distracted driving manifests most obviously is in rear-end accidents, in which one car slams into the back of another car. The conventional wisdom is that fault is overwhelmingly obvious in these cases — the car that failed to stop is always at fault. But personal injury law is trickier than that, and, as it turns out, the rear-end driver is not necessarily always at fault. If you’ve been injured in a rear-end car accident, whether as the rear-end driver or the driver who was rear-ended, you should consider speaking with a Tifton car accident attorney to discuss apportionment of fault.  

Scenarios Where the Rear-End Driver May Not Be at Fault

The old adage that the rear-end driver is always at fault is based on the assumption that the front driver was doing nothing wrong at the time the accident occurred — a logical fallacy that ignores real-world driving habits. Generally, fault for rear-end accidents may be more difficult to assign when the front driver was also negligent in some way. This could occur in the following scenarios: 

• Sudden and unjustified stops: If the front driver slams on their brakes for no reason while traffic is flowing normally, they may be found to be partially at fault for the accident 
• Reversing vehicles: If the front car reverses unexpectedly into a rear car that is standing still (e.g., as could occur in a parking lot), the front car may be entirely at fault for the accident
• Brake checking: It’s not uncommon for aggressive drivers to “brake check” other drivers, which occurs when the front driver suddenly slams on their brakes to intimidate the driver behind them. In those cases, the brake-checker would be at fault for the accident, although things could get trickier if the rear driver were also following too closely. 
• Malfunctioning brake lights: If the front driver’s rear lights or brake lights are out, the rear driver may not be able to see the car in order to keep a safe distance. 
• Aggressive merging or lane-changing: Reckless drivers often zigzag in and out of lanes of traffic, which requires merging or switching lanes into gaps that are too small to maintain safe distances. A driver who cuts another driver off under such conditions may be at fault for a rear-end collision. 
• Multi-vehicle crashes: Pileups and other types of multi-vehicle crashes often result in a chain reaction of rear-end accidents in which fault for the accident may be apportioned among multiple drivers. 

Readers should keep in mind that some of the above scenarios may only reduce the rear-end driver’s liability — not totally eliminate it. 

Get the Straight Story From a Tifton Car Accident Attorney 

If you’ve been involved in a rear-end accident, do not assume that the rear-end driver is automatically at fault. Instead, discuss your situation with an experienced attorney. To get started, please contact a Tifton car accident attorney at the Hudson Injury Firm by calling 229-396-5848 or using our online form.