When Is a Rear-end Collision Not Your Fault?

Rear-end accidents are some of the most common accident types. Despite how ubiquitous these accidents seem to be, the laws surrounding rear-end accidents can be confusing.

In fact, you may hold many of the same misconceptions about rear-end crashes as do others, including that a rear-end accident is always the fault of the rear driver.

However, this isn’t necessarily the case. Here’s what you need to know about fault in a rear-end accident and when a rear-end collision is not your fault. For more clarity, reach out to our car accident attorney today.

WHEN YOU’RE THE REAR DRIVER…

If you’re the rear driver in a rear-end collision, you, the other driver, and the insurance company may all automatically assume the same thing: that you must be at fault for the collision.

However, merely being the rear driver doesn’t mean you’re to blame. In fact, causes of rear-end collisions that have nothing to do with the actions of a rear driver include:

• The forward driver brakes suddenly and unexpectedly without good cause;
• The brakes on the rear driver’s vehicle are defective;
• The tail lights/brake lights on the forward vehicle are broken;
• The forward driver causes the accident by turning directly in front of the rear driver in a negligent manner or lane-changing in front of the rear driver.

If you believe that any of the above may have caused your accident, our Los Angeles personal injury attorney can help you gather proof.

WHEN YOU’RE THE DRIVER WHO’S HIT

If you’re the driver who’s hit from behind, chances are that the rear driver was:

• Following too closely;
• Tailgating;
• Driving aggressively;
• Distracted; or
• Otherwise negligent and unsafe, such as driving while impaired or fatigued.

Again, our personal injury attorney in Los Angeles can open an investigation into your case to help you to prove the fault of the other driver.

DON’T ASSUME YOU’RE AT FAULT

If you’ve been told by the other driver or an insurance company that you’re at fault for a rear-end collision, don’t assume they’re correct. What’s more, do not accept a settlement offer. You maintain the right to reject a settlement and negotiate for a fair offer.

WHEN IS THE DRIVER IN THE BACK NOT AT FAULT?

There are a few scenarios in which a driver involved in a rear end collision is not at fault or only partially:

• Multi-car accident: If you were pushed forward, the driver of the rear-most vehicle is typically at fault.
• Reverse driving: The driver in front of you backed into you
• Malfunctioning taillights: Broken taillights can be a factor, especially if they stop suddenly
• No warning: When the car in front breaks without warning and suddenly, leaving you no time to stop in time.
• Mechanical failure: If the driver in the back can’t stop due to a mechanical failure, such as breaks. A third party might be liable for the accident.

5 THINGS YOU SHOULD DO AFTER A REAR END CRASH

1. Check for injuries
2. Immediately collect evidence (take pictures of the road, signs, surroundings, the cars from all angles)
3. File a police report
4. Seek medical treatment, even if you believe you are fine
5. Contact a personal injury attorney

Recommended Reading: Do I need to hire an accident lawyer?

CALL OUR LOS ANGELES PERSONAL INJURY ATTORNEY TODAY

If you’re involved in a rear-end collision in Los Angeles, you may be blamed for the wreck, even if you did nothing wrong.

If you need help determining fault in a rear end collision, consider reaching out to our personal injury law firm. At El Dabe Ritter Trial Lawyers we offer free case consultations and work on a contingency fee basis.

Schedule a free case evaluation with one of our experienced personal injury attorneys. During your no-commitment, free consultation we’ll ask you a few details about your accident and determine if you have case. Contact us by chat, phone, or submit a form to get started.