Rear-end accidents happen daily, and determining who is at fault isn’t always as straightforward as it might seem. While the rear driver is typically presumed to be at fault in most cases, some exceptions can complicate the situation. If you’ve been involved in a rear-end accident and are considering legal assistance, understanding how fault is determined and what steps to take can help protect your rights.
Why Is the Rear Driver Usually at Fault?
The general assumption in rear-end accidents is that the rear driver is responsible. This is largely because drivers are expected to maintain a safe following distance and remain alert to traffic conditions ahead. They'll likely be deemed negligent if they fail to stop in time.
For example, if you’re driving and suddenly stop because the car ahead of you brakes for a pedestrian, the vehicle behind you should be far enough away also to stop safely. If they crash into your car, it usually means they aren’t following at a safe distance or aren’t paying attention.
However, this doesn't mean the rear driver is always responsible.
Exceptions to the Rule
There are scenarios where the front driver or a third party could share fault or even be entirely responsible for the accident.
1. Sudden and Unsafe Lane Changes
If the vehicle in front abruptly cuts into a lane without sufficient space, the rear driver may not have ample time to brake. Evidence like dash camera footage can support this claim.
2. Broken or Non-Functioning Brake Lights
If the car ahead had malfunctioning brake lights and the rear driver couldn’t anticipate the stop, the fault may shift to the front driver.
3. Reverse Collisions
When a front driver accidentally puts their car in reverse or rolls backward, they may be at fault for a rear-end collision.
4. Chain-Reaction Crashes
These multi-car accidents often occur when one rear driver collides with another vehicle, pushing it forward into additional cars. Fault in these situations can depend on the actions of each driver and the circumstances surrounding the first impact.
How Is Fault Determined?
Establishing fault is centered around evidence. You’ll need to collect as much as possible to strengthen your case, especially if you believe you’re not at fault. Key pieces of evidence include:
- Dashcam Footage: Videos can provide a clear sequence of events, including the actions of all involved drivers.
- Witness Statements: Bystanders who saw the accident can offer impartial accounts of what happened.
- Police Reports: These official documents often include details about traffic violations, weather conditions, and statements from drivers and witnesses.
- Photos of the Scene: Pictures of vehicle damage, road conditions, and any skid marks can be incredibly helpful.
Steps to Take Immediately After a Rear-End Accident
Your actions after an accident can heavily influence how your case unfolds. Here’s what you should do to protect your rights and build a strong claim.
1. Document the Scene
Take photos or videos of damage to all involved vehicles, any relevant road signs or signals, and skid marks. If there are traffic cameras, note their locations.
2. Exchange Information
Swap contact and insurance information with the other driver(s) and collect contact details for witnesses.
3. File a Police Report
Even if the damage seems minor, always contact law enforcement. A formal report serves as a valuable record.
4. Seek Medical Attention
Some injuries, like whiplash, may not appear immediately. Getting checked out by a doctor protects both your health and your case.
5. Avoid Admitting Fault
Be cautious with your words, even when speaking with the police or the other driver. Saying something as simple as “I didn’t see you” can be misinterpreted as an admission of fault.
6. Contact a Legal Professional
Rear-end accidents can become legally complex, especially if injuries or disputes over fault arise. Should the case escalate, a lawyer can handle negotiations with insurance companies, gather evidence, and represent your best interests.
New Hampshire Rear-End Accident Attorney
In conclusion, navigating the complexities of fault determination in rear-end accidents requires a thorough understanding of legal, insurance, and practical considerations. If you find yourself involved in such an incident in Portsmouth, NH, the experienced team at Douglas, Leonard & Garvey, P.C. is here to help. Our dedicated personal injury lawyers are committed to protecting your rights and ensuring you receive the compensation you deserve. Contact us today at (603) 288-1403 to schedule a consultation and take the first step towards resolving your case.