Is It Always the Driver in the Trailing Car?
The National Highway Traffic Safety Administration reports that rear-end collisions account for nearly one in every three traffic accidents, more than any other type of crash. The most common causes are distracted driving, excessive speed, and failing to compensate for poor weather conditions.
There’s an assumption that the trailing driver is always responsible for hitting the car in front of them. Is that true? Are there situations where the driver in front is at fault? If so, what are those circumstances?
Establishing Liability for a Rear-End Collision
Liability for losses sustained in most motor vehicle accidents is almost always based on the legal theory of negligence. To determine whether a party is negligent, the jury will look at the facts of the case and consider whether the actions of that party were reasonable under the circumstances. Because the trailing driver initiated the impact with the other car, a jury commonly looks first at the actions of that driver:
- Were they driving at a reasonable speed?
- Were they tailgating the other vehicle, so that there wasn’t adequate room to brake safely?
- Did they take adverse weather conditions into consideration and adjust their driving accordingly?
- Was the driver unreasonably fatigued or under the influence of drugs or alcohol?
- Was the accident caused by an unreasonable failure by the trailing driver to maintain their vehicle?
The jury may also look at the conduct of the driver in the front vehicle to see if they have any liability:
- Was the accident caused because the front driver had defective or broken brake lights or turn signals?
- Is there evidence that the driver in front accidentally shifted their car into reverse?
- Did the driver in front suddenly swerve into the path of the trailing driver?
- Did the driver in front engage in needless “brake checking” or suddenly slam on the brakes unnecessarily?
Contact the Law Offices of David J. Karbasian, PC
Send us an email today or call us at 856-600-HURT to schedule an appointment to discuss your personal injury claim. Evening and weekend consultations are available upon request. We can come to your home or the hospital to meet with you, if necessary.
