When you rear end someone else while on the road, generally it is not the fault of the car in front. However, there are circumstances when rear drivers might not be at fault in rear-end collisions.
Proving innocence in a rear-end collision can be tricky since it is commonly the driver of the vehicle in the rear who is held liable. You may ask, “When is a rear-end crash not my fault?” If you were driving the rear vehicle, you should get rear-end accident legal help immediately to protect your legal rights. Angel Reyes & Associates is Texas’ 5-star personal injury law firm serving accident victims in Dallas, Houston, Austin, and Fort Worth.
In this article, we answer the question, “When is a rear-end collision not your fault?” and explain how car accident attorneys can help if you are the rear driver in this scenario.
Understanding Rear-End Collisions
There is much to know about this type of car accident and how traffic laws can impact the outcome of your case.
Definition and Common Causes of Rear-End Accidents
Rear-end accidents are the most common type of car accident, and according to the National Highway Traffic Safety Administration (NHTSA), account for 29% of all collisions. While the rear driver is typically the at-fault driver in this type of car accident, it may not always be so straightforward.
Sudden and unexpected stops, medical emergencies, and negligence by the lead driver can complicate the determination of liability. The rear driver is usually the one who is presumed negligent, but evidence can prove otherwise.
Understanding when the driver of the lead vehicle shares fault and how to protect yourself from unfair liability claims is crucial if you ran into the vehicle in front of you
Statistics and Consequences of Rear-End Collisions
Rear end car crashes often result in serious injuries, including traumatic brain injuries and spinal cord damage. The NHTSA estimates that rear end accidents account for over 1.7 million crashes annually in the U.S.
The consequences can be severe, causing medical expenses, lost wages, pain and suffering, mental anguish, and loss of enjoyment of life. If you suffered injuries because of the other driver, it is important to discuss what happened with a personal injury lawyer to avoid being wrongfully blamed.
Determining Liability in a Rear-End Accident
While the negligent driver may be assumed to be the one in the rear, that isn’t always the case. In order to prove it was the front car and get financial recovery, fault determination is necessary.
Factors to Consider When Determining Fault
The actions of the drivers involved, such as speeding, allowing enough distance when following, and brake checking, must be considered. The condition of each vehicle may reveal mechanical failures such as brake failure. Even weather conditions that result in slippery roads and poor visibility at the time of the crash could have played a pivotal role.
Importance of Gathering Evidence
Police reports, statements from witnesses, photos and videos that show damage, skid marks, and other important details can all be useful. An experienced personal injury attorney can help gather and analyze evidence to determine if distracted driving or drowsy driving was a factor to build a strong case.
Role of Insurance Adjusters in Determining Liability
Insurance adjusters often try to assign blame to the rear driver, but an experienced attorney can help negotiate a fair outcome and settlement. While these common scenarios often mean the driver in the rear is at-fault, there are certain circumstances where you may be wrongly blamed.
Exceptions to Presumption of Rear Driver Negligence
Sudden Stops and Unexpected Maneuvers
If the front driver stops abruptly without cause or fails to use turn signals to change lanes, it may be impossible for the rear driver to avoid an impact, even if they left enough space. You can’t defy physics and stop in time if they hit the brakes unexpectedly.
Medical Emergencies and Unforeseen Circumstances
Medical events such as seizures or blackouts may incapacitate the rear driver and prevent them from stopping in time. If such conditions are noted on your medical records, it would be considered an unavoidable incident and absolve you of fault.
Front Driver Negligence and Reckless Behavior
Erratic behaviors and unsafe driving decisions on the behalf of drivers of motor vehicles like swerving into a lane at the last minute will likely mean the front driver is blamed. Additionally, their failure to maintain the vehicle, including making sure brake lights are operational, may put the blame on them.
Can the Front Driver Be at Fault for a Rear-End Accident?
When you’re behind other vehicles, you need to allow room to stop safely. However, the front driver may be at fault for failing to abide by safe driving practices.
Reckless Driving and Aggressive Behavior
This includes speeding, tailgating, and weaving in and out of lanes.
Sudden and Unexpected Maneuvers
The front driver may be at fault if they made a sudden stop or unexpectedly changed lanes, which may be a sign that they are intoxicated.
Proving Fault in a Rear-End Collision Case
When the front driver acted negligently, here is how you can hold them accountable:
Gathering evidence and witness statements
Evidence of damage to your car, bills and receipts to show your injuries resulted in disability or the need for long-term care, statements from witnesses, and more must be presented.
Using expert testimony and accident reconstruction
Your lawyer will likely hire accident reconstruction specialists to prove you were not at fault for the rear-end collision.
Building a strong case for liability
In order to seek compensation for your financial recovery, you need a strong case. Consult an attorney after a rear-end collision for a free consultation.
The Role of an Attorney in a Rear-End Accident
Attorneys play a crucial role by investigating the accident, gathering evidence, interviewing witnesses, negotiating with insurers, and representing clients in court if necessary. Their expertise helps work toward a fair outcome.
Time Limits for Taking Legal Action
Statute of Limitations for Rear End Accident Claims
The statute of limitations in Texas allows two years from the accident date to sue the other driver.
Importance of Prompt Legal Advice
Prompt legal advice is critical for understanding your rights and legal options. Most lawyers provide a free consultation for this reason.
Risks of Delaying Legal Action
Delaying legal action could mean you lose your right to file a claim. Don’t delay so you have the best chance of the outcome you desire.
Strategies for Minimizing Liability in a Rear End Accident
Cooperation and honesty
Minimize your liability by cooperating and being honest with law enforcement and insurance adjusters. Don’t speculate and only stick to the facts.
Avoid common mistakes and missteps
Never admit fault or apologize as you might not be at fault.
Preserving evidence
Organize and protect all evidence you have gathered.
Dealing with Insurance Adjusters in a Rear-End Accident
Insurance companies train their adjusters to seem concerned for your welfare. Their allegiance lies with their employer, which is why you should be honest and cooperative yet aware of how to protect your rights. It is best to let your lawyer take over all communications to ensure you get fair treatment.
Know What to Do When a Rear-End Collision Is Not Your Fault
When a rear-end accident is not your fault, make sure you reach out to a lawyer immediately. Angel Reyes & Associates provides a free, no-obligation case evaluation to help you determine your next steps and protect your best interests.
