Who is At Fault in a Rear-End Collision?

In the majority of rear-end collisions, the driver that strikes another motorist from behind is usually at fault. However, contrary to what many people think, this is not always the case. There are times when the driver who was struck may bear some of the blame. Additionally, another driver, business, or other entity may also be to blame. Every rear-end collision is different and multiple parties can be liable depending on the situation.

Determining rear end collision fault is complicated and depends on many different factors. If you suffered injuries in a rear end accident that was caused by someone else, it is important to understand how liability is determined. It is important to speak to a Summerville car accident lawyer who can determine who is to blame for your accident and hold them responsible for paying full damages.

Who is at Fault in a Rear-End Collision?

According to the National Highway Traffic Safety Administration (NHTSA) rear-end collisions are the most common type of traffic accident. Many people consider rear-end collisions minor accidents, and in many cases, this is true. Still, rear-end collisions can cause very serious injuries. For example, whiplash is a very common injury suffered in rear-end accidents. Whiplash is extremely painful, and accident victims can experience limited mobility for months and even years to come.

Again, in most cases, the driver who struck another from behind typically holds rear-end collision fault. This is due to the fact that all drivers have a responsibility to keep others safe. This includes maintaining a safe distance behind other drivers so there is sufficient space to stop without striking another driver. Rear drivers also have a duty to ensure they do not drive while distracted so they can focus on the road ahead of them, as well as maintaining a safe distance.

While fault in a rear-end collision does typically lie with the driver who is behind another, that is not always the case. Other drivers, individuals, and entities can also be held liable for a rear-end collision.

Leading Drivers Can Carry Fault for Rear-End Collision

There are times when drivers of the leading vehicle are at fault for rear-end collisions. While leading drivers are not typically at fault in these accidents, it does happen more often than people think. These drivers can cause rear-end collisions in a number of ways, including:

• Cutting off the rear driver by improperly changing lanes
• Failing to signal before turning in front of another driver
• Driving with broken tail lights so rear drivers are not aware the leading driver is braking
• Slamming on the brakes to ‘warn’ a rear driver they are following too closely
• Backing into a rear vehicle

Many people overlook the fact that leading drivers can carry rear end collision fault. Lawyers and insurance companies, though, know that their actions must also be scrutinized to determine fault.

Other Motorists Can Carry Fault for Rear-End Collision

In some cases, neither the leading or rear driver is at fault for these accidents. Another motorist can also engage in dangerous behavior that makes a crash inevitable. For example, a reckless driver may weave in and out of the different lanes of traffic. The leading driver may have to slam on the brakes to avoid hitting the reckless driver, causing the motorist behind them to crash into their vehicle. An experienced Summerville car accident lawyer can investigate the crash to identify if another motorist is at fault for the rear-end collision.

Manufacturers Can Be Liable for Rear-End Collision

Sometimes, a failure in a vehicle’s electronic or mechanical system can cause a rear-end accident. These are often the fault of the manufacturer for creating defective products. Some of the most common types of defects that result in a crash are as follows:

• Defective brakes that prevent the rear driver from stopping in time
• Defective tires that blow out and cause a vehicle to stop suddenly and unexpectedly
• Defective crash warning systems that do not alert a motorist to a risk behind or ahead of them
• Defective ‘self-driving’ systems that do not work as intended

When manufacturers in South Carolina create and release defective products onto the market, they can be held strictly liable. This means you can file a claim against them for damages, and you do not have to prove they were negligent. You simply have to show that a product was defective and that you were hurt as a result.

Government Entities and Property Owners Can Be At Fault in Rear-End Collisions

Unreasonably dangerous road conditions can also cause rear-end collisions. When this is the case, you can hold the government entity or property owner liable for paying damages. Dangerous conditions that can cause a rear-end collision include:

• Defective traffic lights that confuse drivers regarding who has the right-of-way
• Inadequate or missing lane markings or signs that create unexpected stops or dangerous merges
• Failure to warn drivers of upcoming changes in traffic patterns or road surface that can impair motorists’ ability to stop

It is not always to determine if a government entity or property owner was negligent and caused a crash. A Summerville car accident lawyer can review the facts of your case, determine if road conditions caused the crash, and if the appropriate individual or entity knew or should have known about the dangerous road condition that caused the accident.

Our Car Accident Lawyer in Summerville Can Determine Fault in Rear-End Collision

Determining who is at fault in a rear-end collision is never easy, particularly when you are recovering from serious injuries. It is important to remember Trey Helps! At Trey Harrell, our Summerville car accident lawyer will conduct an investigation to determine what negligent action caused your crash and who is liable. We can also accurately value your claim so you obtain the full and fair compensation you are entitled to. Contact us to schedule a consultation with our experienced attorney and to learn more about how we can help with your case.