Is the Rear Driver Always at Fault in a Rear End Collision

Rear-end collisions can be scary and can result in serious injuries to drivers and passengers. In the case of a rear-end collision, it is usually the rear driver who is determined to be at fault. The reasoning is that they can see what is in front of them and should be able to react properly. Cars are required to keep a safe distance between them and the vehicles in front of them. This allows for enough time to react to sudden stops and slowing down of vehicles. However, it is not always the case that the rear driver is at fault for a rear-end collision.


When the Front Driver May be at Fault

There are some mitigating circumstances that may show that a front driver was at fault for rear-end collision. These circumstances may shift all or part of the blame onto the front driver. Some instances where a front driver may be at fault include:

  • Non-functioning brake lights—if a driver’s brake lights are not working, it may be difficult for a rear driver to determine that a front vehicle is coming to a stop. Drivers have an obligation to ensure that all of their lights are working before they get on the road.
  • A driver suddenly reverses—while not common, there are instances where a driver may suddenly put their vehicle in reverse, leaving the rear driver with nowhere to go. This type of behavior usually occurs in parking lots and garages. Drivers must check behind their vehicle before driving in reverse, or they may be at fault for a collision.
  • Intentionally trying to get hit—in some cases, a driver may behave in a reckless manner and drive in a way that makes a collision inevitable. For instance, they may slow down and then suddenly stop without leaving enough time for the rear driver to react.
  • Changing lanes—when changing into another lane, drivers have an obligation to check their blind spots. If they fail to do so and change lanes suddenly and without indication, they may be at fault for a rear-end collision.


Contact an Experienced Car Accident Attorney

If you’ve been injured in a car accident, you want an experienced attorney on your side. For over 50 years, the attorneys at Bonina & Bonina, P.C., have been helping car accident victims. Contact us online or call us at 1-888-MEDLAW1 to schedule your free consultation. Home and hospital visits are available. Se habla español.