Who is at Fault in a Rear-End Collision?

In 2019, rear-end collisions accounted for 32.5% of all motor vehicle accidents. Determining fault in a rear-end accident is not simple. Although, in many cases, the rear driver is at fault in the accident, the fault depends on the driver who displayed negligent behavior.

The driver's behavior plays a significant role in determining fault in the accident. Different parties might be responsible for the accident, including the front driver, the rear driver, both drivers, and a third party. You must understand how fault is determined in a rear-end accident. You also want to know that it is your right to obtain the compensation you deserve. Always ensure that you work closely with your attorney.

 

1. When the Rear Driver is at Fault for the Accident

The rear or trailing driver is mainly at fault for damages in the rear-end collision. However, there are certain exceptions. When the leading driver commits negligent acts like intoxicated driving, the vehicle behind them might hit them in an emergency braking situation. Comparative and contributory negligence laws may change the at-fault party, eliminating or changing the recoverable damages.

According to California law, the injured victims may pursue compensation from the at-fault party in the rear-end accident. The court reduces the compensation based on the factors leading to the accident and the percentage of the at-fault driver responsible for the accident. For example, an unsafe lane change might suddenly lead the rear driver to hit the vehicle ahead of them.

However, the eyewitness and the police report would show that the rear driver was distracted or speeding. That could change the liability of the top 20% to the rear driver and 80% to the lead driver. The circumstances could then reduce the compensation from $100,000 to $80,000. To obtain compensation, you must speak with your attorney. The attorney will start working on hourly compensation as soon as possible.

2. When the Driver in Front Could Be at Fault for a Rear-End Accident

Rear-end collisions could occur in myriad situations. Weather, road conditions, driver negligence, and road conditions, among other factors, could lead to rear-end collisions. These factors are essential when determining liability in a car accident.

The driver in front could be responsible for the accident because of the following:

Distracted Driving or Intoxication

It is illegal to operate a vehicle while under the influence of alcohol or drugs; however, many people drive under the influence of alcohol or drugs. An accident involving intoxication could be severe. Distracted driving draws your attention away from the road, whether manual, visible, or cognitive. The witness and police report could suggest you were driving while intoxicated, which led to the rear-end collision.

Sudden Turns in Front of Other Vehicles

The law requires drivers to be alert to road conditions and traffic when making sudden turns. Several car accidents occur when the driver tries to make a sudden turn in front of other cars. In this situation, the lead driver is usually at fault for the rear-end collision.

Defective Parts or Vehicles

The driver in front may need to learn that the vehicle behind them has defective parts, brakes, and lights. Brake lights show the rear drivers that they should make quick speed changes to slow or turn in traffic. The fault could also be directed to the car manufacturer in this case.

Dangerous Merge into a Heavy Traffic

A rear-end collision may happen when a driver merges onto a busy road or when two vehicles merge simultaneously. The driver in front could be inattentive or speeding toward the car in the other lane. The two vehicles might cause an inevitable rear-end collision.

3. When Both Drivers are not at Fault for the Accident

On rare occasions, neither the lead nor the rear driver could have caused the rear-end collision. So, the driver could have done nothing to avoid the accident. In California, the law considers the two drivers not at fault for the accident in the following situations:

• The two drivers have an unexpected, unforeseen, and sudden medical emergency.
• The rear driver has a manufacturing defect or design defect, creating an inability to stop the vehicle.

Therefore, what should you do when you sustain injuries not caused by the two drivers? As a victim of the accident, you are entitled to compensation regardless of who was at fault. So, you want to speak with your attorney. The attorney will help you determine the at-fault party.

After determining the responsible party, the attorney will help you take the next step in the compensation process. Ensure you always work with an attorney conversant with California laws. Inexperienced attorneys can lead to unfair compensation at the end of the case.

4. Third Parties Could Also be Liable for the Accident

Even though the drivers in front and behind are potentially liable for a rear-end collision, sometimes they may not be at fault in the accident. Sometimes the driver in front could be forced to stop because of another factor. These factors are commonly known as "third parties." The following are the familiar third parties that can lead to a rear-end accident:

Vehicle Manufacturers

In California, the law expects vehicle manufacturers to meet high safety standards when making vehicles. Unfortunately, not all cars are released to the market after meeting all the necessary measures. When a manufacturer is rushing to have a new car on the market, they may rush in their testing, making errors that could cause safety issues for other road users.

When a defective part in the vehicle fails and causes an accident, the victims can sue the car manufacturers to seek compensation for the sustained injuries and damages. Although the law requires the manufacturers to rigorously test the vehicle parts before introducing them to the market. The common vehicle parts that can cause an accident are:

• Fuel system defects.
• Steering defects.
• Tire defects.
• Seatbelts.
• Airbag defects.

Mechanics and Repair Shops

Have you ever taken your vehicle to the mechanic and left your issue unresolved? Or did another issue arise that was absent after taking the car to the manufacturer? Unless you detect the problem immediately, a defect in your vehicle can result in an accident.

You might have brought your vehicle to a repair shop for repairs. The professional shop is responsible for performing their duties with the highest standards. After repairing the car, the mechanic must test the vehicle to ensure it is in good condition. If the mechanic finds it challenging to do the work, they must let you know.

If the mechanic fails to perform their work and inform you, you can sue them if the vehicle fails, resulting in an accident. You may also act against the mechanic if they cause damage to your car in the repair process. So, the mechanic and the repair shop can be at fault for the accident.

Government

Sometimes the rear-end collision could be a result of poor road conditions. Handling a case involving a government entity can be complex. It would be best if you worked with an experienced attorney. The following are common examples of poor road maintenance that can lead to a rear-end collision:

• Erosion.
• Poor signage.
• Potholes.
• Faulty road designs.
• Road debris.
• Missing guardrails.

Since many of the above factors could contribute to an accident, proving that the responsible government entity could have prevented the circumstance is challenging. First, you must determine the government agency responsible for maintaining roads.

Next, you must show the alleged entity had enough warning to address the issue but failed. It is the most challenging step in determining whether the government entity is responsible for the accident. Ensure you work with a dedicated attorney to help you prove the government agency is responsible for the accident.

Negligence in Rear-End Accidents

A driver can be held accountable for an accident when they are involved in it because of negligence. Negligence is the failure to use the high level of care an average person could use in a similar situation. When drivers are behind the wheel, they are responsible for other road users. These drivers must:

• Keep a safe distance when operating their vehicle.
• Follow the traffic laws.
• Maintain a safe speed.
• Pay attention to other vehicles.
• keep control of their car at all times.

The law considers drivers who violate the above laws "negligent." In California, the court uses negligence to help determine fault after an accident. Contributory and comparative negligence are two main types of negligence you want to understand after a rear-end car accident.

Contributory Negligence vs. Comparative Negligence

In cases of negligence, "fault" means to blame. The responsibility might lie with one or many parties. California rules divide negligence based on the percentage of fault. The assumption is that the rear driver is often at fault in a car accident. Sometimes the car in front could be responsible for an accident.

So, this might impact the compensation process and the rewards the victims should obtain. When the front car stops short, examining the degree of blame attributed to them is essential. You also want to learn whether the state in which the rear-end collision took place acknowledges comparative and contributory negligence. You can also seek advice from your attorney to help you understand more about the two types of negligence.

Contributory Negligence

Contributory negligence occurs when you want to determine fault after a car accident. Under this rule, you cannot recover compensation for contributing to the accident. It means that even when the in-front driver was 2% to blame in the accident, you could be entitled to no compensation even if you were 98% responsible.

Comparative Negligence

Comparative negligence is another approach to determining liability in a rear-end car accident. Comparative negligence outlines that even when the driver was partially involved in the accident, they can still receive partial compensation.

For example, when the lead driver is 20% responsible for the accident and is entitled to $200, 000 in damages, the other driver could be accountable for 80% of the damages since they were 80% responsible for the accident.

California uses pure negligence rules. The "ure negligence" rule says that a driver could receive compensation from the other party regardless of the accident's negligence percentage. For example, when the driver is 69% responsible for causing the accident, they might obtain 40% from the other party.

Modified comparative negligence law allows accident victims to receive compensation only when the responsible driver is 51% responsible. The following are examples of rear-end accident settlements when the rule of comparative negligence applies. In California, the judge determines the share of blame for the sustained injuries.

The judge considers the case's complexity, among other contributing factors, to determine the percentage of fault. For example, a case involving two drivers could easily divide liability compared to a case involving five drivers. Whether the judge determines responsibility depends on whether the case is tried outside or in court.

When the case proceeds to court, the judge receives instructions educating them on the applicable laws. If the liability is shared, the judge receives instructions stating how the defendant should prove and link the negligence to the accident. When the judge verifies the relevant claims, they determine the percentage of liability for the defendant and plaintiff.

How Do You Determine the at-Fault Party in Rear-end Accidents?

Determining who is at fault for a car accident depends on how the law applies and the facts surrounding the accident. Remember, in many cases, the rear driver is responsible for rear-end accidents. To determine the at-fault party, you could use several pieces of evidence. The following are factors that can help you determine liability in a car accident:

Witness statements

Witness statements play a significant role in determining the party at fault in a rear-end accident. During the legal process, you can use the statements from your witness to testify about what happened during the accident. Also, as one of the drivers, you could ask the bystanders to say what they observed. You and the other driver could rely on these witness statements to craft arguments about what happened during the accident.

Security Footages

When a rear-end accident occurs in a parking lot or near a shop, there may be a video that has recorded the accident. Therefore, the involved parties can use the camera footage to determine what happened. After determining the cause of the accident, the responsible driver will compensate the victims.

Physical Evidence

Paint transfer, skid marks, and dents, among other physical evidence, can be crucial in determining the at-fault party in a rear-end accident. The size and location of the physical damage can help determine the volume of the accident. Your attorney can also work with reconstruction experts to help determine the cause of the accident. The work of the reconstruction experts is to conduct investigations and reconstruct the accident using the available evidence.

Photographs

You can use photographs to help prove the cause of the accident. The attorney can use the photos to help assess the accident's damages. So, if you do not suffer primary injuries during the accident, ensure you take as many photos as possible. You can also ask a witness to do that for you.

How to Maximize Your Compensation After Determining Fault in a Rear-End Accident

Determining and proving fault in your claim is the best thing you can do to maximize your compensation. However, when you choose to navigate the legal process alone, you could obtain the compensation you do not deserve. Therefore, you want to seek legal help from a California personal injury attorney.

The attorney will help differentiate between comparative negligence and contributory negligence. If you have any burning questions about the compensation, the attorney will also answer them. The attorney will be focused and work tirelessly to ensure they prove the liability of the involved parties and maximize your possible recovery.

The sooner you hire the attorney, the earlier they start working on your case. Your case might also require you to work with experts to help determine the cause of the accident. An experienced attorney has handled similar cases before. So, the attorney knows the best experts he can collaborate with to help establish fault in the accident.

Potential experts you may require in the legal process include medical doctors, subject matter experts, and accident reconstruction experts. The experts can also provide additional evidence to add weight to your compensation. When the evidence shows that the at-fault party is responsible for the accident, you are entitled to receive compensation from them.

Contact an Los Angeles Injury Attorney Near Me

Rear-end accidents are common in Los Angeles and can result in significant damage. You should review the settlement examples and understand the rear-end collision rules as an accident victim. When you do so, you make the right decision that ensures you obtain fair compensation. However, you can only navigate the legal process with help. It is a good idea to work with an experienced personal injury attorney.

At The LA Personal Injury Law Firm, we help you know the available options before settling your case. We can negotiate with the at-fault party's insurance company to ensure they offer enough compensation for your damages. We will work with you if you seek legal services in Los Angeles. Contact us at 310-935-0089, and we will start working with you immediately.