In a Rear-End Collision, Is the Driver in the Rear Always Liable?

No matter how badly you’ve been injured in a car crash or truck accident, you can’t assume that you will have the right to obtain compensation from the person who is liable for causing the collision. In fact, the only assumption you should make is essentially just the opposite—you can assume that the insurance company of the person who caused the accident will do everything that it can to argue that you are the one responsible and you should be paying compensation for vehicle damage or injuries experienced by others.

In an accident claim, by collecting evidence to show that someone else is liable, you are also showing why you are not liable. And even if liability seems obvious, you need to gather, preserve, and present the right evidence and arguments to establish liability issues in your favor. This is why it is so helpful to work with a dedicated personal injury attorney right after a collision. Your attorney can focus on building the case to protect you while you focus on healing and restoring your life.

If you were involved in a rear-end collision, you might assume liability is a cut-and-dry issue. The driver in the rear is always the one to blame, right? While that is frequently the case, it is not always true, and you can never assume it will be.

The Physics of Rear-End Collisions

The National Highway Traffic Safety Administration has frequently reported that rear-end collisions are the most common on our roads, which should not come as a surprise. In a rear-end collision between two vehicles, both vehicles are moving forward in the same lane of traffic when the vehicle in back hits the rear-end of the vehicle in front of it. The collision transfers enormous amounts of energy from the rear vehicle to the front vehicle, particularly when the rear vehicle is traveling at a high speed or has a greater mass. The force when a delivery truck hits a car, for instance, is much greater than when a car is struck by a passenger vehicle of a similar size. The energy transfer on impact causes the vehicle in front to jerk forward while the vehicle in the rear is brought to an abrupt halt.

Before the collision, the driver and passengers in both vehicles were moving forward at the same speed as their respective vehicles. Upon impact, the unrestrained body parts of those in the front vehicle and any loose objects in the vehicle will be thrown forward and potentially impact the dashboard, seatback, or other surfaces with a force relative to the mass and speed of the rear vehicle. Then parts of their bodies will be jerked backward by seatbelts, airbags, the dashboard, or the steering wheel. The violent movement, impact, and conflict of force can cause tremendous injuries for those in both the front and rear vehicles.

Why the Driver in the Rear is Often Presumed Liable

All drivers owe a duty to operate in a reasonable manner. That includes an obligation to leave enough space in front of your vehicle to slow down or stop if traffic changes. If a driver fails to slow down enough to allow adequate room in front to stop, that driver is presumed to be driving irresponsibly. For instance, there’s an assumption that the driver might not have been paying attention, was following too closely or aggressively, or was driving too fast for conditions, such as slick roads from rain.

Situations When the Driver of the Vehicle in Front Could Be Liable

Because of assumptions and driver obligations, it can be very difficult to demonstrate persuasively that the driver who was hit was the one responsible for causing the accident. However, with sufficient proof, such as dashcam footage or witness testimony, it is possible to rebut the presumption and establish that the driver in front is liable.

Situations where the driver in front could be held legally liable include:

• The vehicle in front slammed to a stop suddenly in an act of aggression (brake checking)
• The brake lights in the front vehicle were not working
• The driver of the vehicle in front cut in the lane without allowing enough room
• The driver of the vehicle in front backed up and hit the car behind
• The vehicle in front discharged oil or debris that prevented the driver in the rear from seeing clearly

An experienced accident attorney could investigate all potential causes and build arguments to demonstrate where liability should lie.

When a Third Party Could Be Responsible for the Accident

There are other sets of circumstances where neither the driver of the lead car nor the driver of the car behind it is held legally liable for a rear-end collision because a third party is considered responsible for causing the accident. Someone ahead of the front vehicle could have done something to cause the accident, such as slowing to turn without signaling, causing the front vehicle to brake hard, and giving the car behind no room to stop. Or debris on the road dropped negligently by others has forced the vehicle in front to slow down and prevented the vehicle behind from stopping in time to avoid a collision.  

Sometimes, rear-end collisions are caused by chain reactions started by someone else. The car behind may have been pushed into the car in front because of another driver’s negligence.

Get Help Proving Accident Causation and Recovering Compensation After a Rear-End Collision

When you’re dealing with the physical and emotional trauma of a car accident, the last thing you need to do is suffer sleepless nights worrying about protecting your legal rights. At DeKeyzer Law, we are prepared to take on the legal burdens, safeguarding your rights and building your case for compensation if you’ve been injured in a collision. You can learn more by scheduling a free case evaluation. To get started, contact us online or call us at 713-904-4004.