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This Is How Liability Works in Rear-End Collisions

You may think that the rear driver will always be 100% automatically at-fault for a rear-end collision.

Think again.

While that might be the case for some rear-end collisions, it is not always the case.

Here’s what you should know about liability in rear-end collisions:

Fault Isn’t Automatic

Regardless of the circumstances, liability is never automatically placed on the driver in the rear. Liability will always depend on the events of the crash.

However, it may be safe to assume that the rear driver will almost always share a portion of the blame for the crash, even if he or she is not wholly responsible for the wreck.

All Drivers Must Follow at a Safe Distance

Every driver on the road has a duty of care to follow other drivers at a safe distance at all times. This is because there are endless reasons why drivers, at times, need to slow down or stop suddenly. If this happens, the driver behind needs to have enough time and space to react to the situation and avoid a rear-end collision properly.

The Leading Driver May Share the Blame

The driver who gets rear-ended may also be partially responsible for the collision under certain circumstances. Here are some examples of actions the leading driver could take that would hold them accountable for a portion of the crash:

  • Suddenly reversing
  • Stopping suddenly to turn and then failing to make the turn
  • Malfunctioning brake lights
  • The vehicle gets a flat tire, but the driver fails to pull over or turn on their hazard lights

The percentage of fault assigned to the leading driver will depend on how much the insurance company believes the driver is responsible for the crash.

If you’ve been injured in a rear-end collision or any other type of car accident, you may be entitled to compensation. Let our team see if we can help you recover it.

Call The Abrego Law Firm, LLC today at (404) 334-3324 to speak with our accomplished attorney about your case.