Is the following driver always at fault in a rear-end collision?

On Behalf of | Mar 19, 2024 | Car Accidents |

A rear-end collision can be as dangerous as any other type of accident. You can sustain severe injuries from it, including back pain, shoulder injuries, whiplash and so on. Thus, if you are involved in such an accident, consider claiming compensation to treat your injuries.

But what if you were the following driver? Would a court automatically consider that you caused the crash? Or do you still have a hope of getting compensation?

Here is what you should know:

A lead driver can cause a rear-end collision

Since rear-end collisions occur when a following car runs into the back of a lead one, it’s mostly assumed that the driver behind caused the accident. That is the basis courts and insurers work from. Yet there can be circumstances where it was not the fault of the person behind. Rather it was the fault of the person in front.

If you are behind a distracted driver, you may be involved in a rear-end crash due to their doing. For example, if they are talking on the phone, eating or adjusting the radio controls, they may fail to notice an obstruction that requires them to slow down or stop earlier. This means they will not brake until very late giving you insufficient time to brake before hitting them.

A sleepy, drunk or drugged driver ahead of you can also make a mistake that may result in a rear-end collision.

A driver whose brake lights were not working could also give you grounds to claim it was their fault.

What can you do?

Staying well back from other vehicles is preferable at all times, as this allows you more time to react if they are not driving as they should be or if their vehicle lights are faulty. However, a crash could still occur.

It can be challenging to prove a driver ahead of you caused a rear-end crash. Getting legal help will be crucial to improve your chances of success.