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How is fault established in a rear-end collision?

On Behalf of | May 15, 2022 | Motor Vehicle Accidents |

Rear-end collisions are quite common.  In fact, the National Highway Safety Traffic Administration (NHTSA) reports that rear-end collisions account for close to a third of all car accidents in the U.S. 

While rear-end collisions can happen at any time, they tend to be common at stop signs, red lights or during heavy traffic. Rear-end accidents usually involve two or multiple vehicles. Depending on the severity, a rear-end accident can result in serious personal injury and property damage.

Establishing fault in a rear-end collision

Like with most accidents, negligence is the primary cause of rear-end collisions. One of the motorists’ actions probably fell short of the duty of care expected of them. To prove negligence in a rear-end accident, you will need to demonstrate that the other driver did not exercise care while operating their vehicle and that their action, or inaction, amounted to a breach of duty of care. 

Here are just three ways you can establish fault following a rear-end collision.

The other driver was tailgating

Every motorist has a duty to keep a safe distance from the car in front. This way, they will have adequate room to maneuver should the vehicle in front stops abruptly. 

The other driver was speeding

A speeding driver may not have adequate time to slow down or stop should the car in front stop or slow down. As the result, they are likely to ram into the car in front. 

The other driver was distracted

Speaking on the phone, texting, grooming and eating while driving – all are distractive activities that can take the driver’s eye and focus off the road resulting in a rear-end collision. 

If you are involved in a car accident that is not your fault, you deserve restitution for your injuries and other damages. Seek experienced guidance to successfully pursue a car accident claim against the responsible party.