Who is At Fault in a Rear-End Collision?

Rear-end collisions are the most common type of traffic crash nationwide, accounting for more than 40 percent of all reported crashes each year, according to the National Safety Council (NSC). Depending on a number of factors, rear-end accidents can range from relatively minor collisions to fatal crashes. Rear-end collisions can occur on local roads, at high speeds on highways, and even in parking lots. Many people assume that the rear driver is always at fault, but there are various factors to consider in determining who is at fault in a rear-end collision. In some cases, another motorist can be at fault even if they were not at the rear of the crash, and in some instances other parties such as manufacturers may be liable. Our Texas car accident attorneys can provide you with more information.
Understanding Causes of Rear-End Collisions
Following too closely, or “tailgating,” is a common cause of rear-end collisions in which the driver in the rear who strikes the driver ahead of them is typically at fault (or at least partially at fault). At the same time, this is not the only cause of rear-end crashes. In fact, according to data from the National Highway Traffic Safety Administration (NHTSA), following too closely or failing to leave sufficient following distance is only the sole causal factor in about 10 percent of all rear-end accidents.
In multi-vehicle crashes with more than three vehicles involved, the driver of the middle vehicle or vehicles may not bear any responsibility depending on the speed of the vehicle in the rear. Additionally, if the front driver has failed to replace burned-out brake lights and the rear driver hits them, that front driver could bear at least some responsibility for the collision. Defective brakes and defective brake lights can also cause rear-end collisions in which neither of the drivers may be liable, but instead the manufacturer of the defective auto product could be responsible.
Rear Drivers and Comparative Fault
Even if you were partially at fault as a rear driver, or as a front driver with a broken brake light, you may still be eligible to obtain compensation from another liable party in the collision.
Under Texas’s modified comparative fault law, as long as the plaintiff is less than 51 percent at fault, then they can still recover but their damages award will be reduced by their proportion of negligence. For example, a driver who is considered to be 40 percent at fault could receive damages in a lawsuit, but that damages award would be reduced by 40 percent.
Contact a Texas Car Accident Attorney for Assistance with Your Claim
Rear-end collisions happen much more often than they should, and usually because one or more drivers was negligent. If you were injured in a rear-end crash, it is important to discuss the details of your case with an attorney who can help you to seek financial compensation for your losses. Regardless of whether you were in the front or the back of a rear-end accident, another driver may be liable for your harm. Contact an experienced Texas car accident lawyer at John Reed, Attorney at Law today to find out more about how we can assist you with an insurance claim negotiation or a car accident lawsuit against the at-fault party.
Sources:
nhtsa.gov/document/analyses-rear-end-crashes-and-near-crashes-100-car-naturalistic-driving-study-support-rear
injuryfacts.nsc.org/motor-vehicle/overview/type-of-crash/