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770-626-7895It seems simple when someone rear-ends your car. The driver behind you must be at fault, right? While it’s often true that the driver in the back caused the crash, determining fault in rear-end accidents isn’t always cut and dry. As an experienced Athens, Georgia, car accident law firm, we have seen all kinds of rear-end collision fault cases. Whether you were the driver who got rear-ended or the one who did the rear-ending, it’s important to understand how fault is determined. The outcome can have a big impact on whose insurance pays for damage and injuries. Let’s understand who is at fault when rear-ended.
The Rear Driver Is Usually At Fault, But Not Always
In most rear-end collision fault cases, the driver of the car that rear-ended the other vehicle is found to be at fault. Why? Because of a basic rule of the road – drivers are supposed to leave enough distance between themselves and the car in front of them to be able to stop safely if the car in front stops suddenly.
This is called assured clear distance ahead. It means always being able to stop in the clear space in front of you. If someone runs into the back of your car, there’s a strong argument that they weren’t following at a safe distance. After all, if they were, they should have been able to stop in time instead of plowing into you.
But there can be exceptions to this general rule. Let’s look at some situations where the driver in front might share some or all of the blame. Things aren’t always as simple as they seem at first glance. The details of how the crash happened matter a lot.
Situations Where the Front Driver Might Be at Fault
Imagine you’re driving down the highway. The car in front of you suddenly slams on its brakes for no apparent reason. You don’t have time to stop, and you rear-end them. There were no hazards in the road, no traffic stopping ahead, and nothing the driver needed to brake for. In that case, the driver in front may be found primarily at fault because they stopped so abruptly for no good reason.
It was unexpected and unnecessary.
Or, let’s say you’re stopped at a red light. The light turns green, but you don’t immediately move because you’re looking down at your phone. The car behind you expects you to start moving and hits you from behind. In this case, you, as the front driver, could be found partially at fault because you weren’t paying attention and didn’t move when you should have.
You were distracted.
Other situations where the front driver might be at fault include:
- Reversing suddenly without warning
- Driving with broken brake lights so the rear driver can’t tell you’re stopping
- Having a flat tire or mechanical problem but not pulling over safely out of traffic
- Pulling out in front of someone and not accelerating quickly enough to give them time to react
In each of these cases, the front driver is doing something unexpected that the rear driver may not be able to anticipate or respond to in time. So, while the rear driver could have prevented the crash with a greater following distance, the actions of the front driver will be taken into account.
Proving Fault in a Rear-End Collision
So, how do you prove who was at fault in a rear-ended accident? Evidence is key. The more you can document about what happened, the better. Some important things to collect at the scene, if you can do so safely, include:
- Photos of the damage to the vehicles from multiple angles
- Photos of skid marks or debris on the road to show points of impact
- Witness statements from anyone who saw the crash happen
- Video footage from traffic cameras, business security cameras, or witness dashcams
The location and severity of the damage can tell investigators a lot about how the accident happened. Long skid marks from the rear car could show they were following too closely or not paying attention. Minor damage could indicate the rear driver had slowed way down before impact.
Damage to the front car’s side could indicate an improper lane change. Where the cars ended up is also important.
Police reports are also critical. Always call 911 after a crash, even if it seems minor. The responding officer will make notes about the positioning of the cars, take statements from drivers and witnesses, and document any traffic citations that were issued. Sometimes, the officer’s expert opinion on fault will be right in the report. Other times, it may require more investigation.
When Both Drivers Share Fault
In some rear-end collision faults, both the front and rear driver may share some portion of the fault.
Maybe the front driver stopped short unnecessarily, but the rear driver was also following too closely or got distracted. When more than one driver is partially to blame, it gets more complicated.
When this happens, Athens, Georgia, follows a type of compensation rule known as modified comparative negligence rule.
With this rule, people can still get compensation as long as they are less than 50% responsible for the accident. However, your recovery will be reduced by your portion of the blame.
Here’s an example. Let’s say you’re rear-ended and suffer $10,000 in damages to your car, but you’re found to be 30% at fault because you stopped abruptly to avoid hitting a squirrel. The other driver is 70% at fault for following too closely. You can still recover $7,000 from their insurance (70% of your total damages). But if you were 50% or more at fault, you likely won’t be able to recover anything.
Don’t Admit Fault at the Scene
With any car accident, it’s important to be very careful about the things you say there. Even if you think you may have done something wrong, don’t admit fault. Anything you say can be used against you later by the other driver’s insurance company.
Even something as simple as saying “I’m sorry” could be taken as an admission that you caused the crash. It’s a natural human reaction to apologize when something bad happens, but try to resist that urge. Stick to the facts only.
It’s best to limit your conversation with the other driver. Just exchange insurance and contact information, make sure everyone is okay or get medical help if needed, and tell the police officer your version of what happened. Let the evidence and later investigation determine fault. Don’t make any statements against your own interests.
Also, be cautious about talking to the other insurance company. They may seem friendly and concerned, but their goal is to get you to say something that limits their driver’s fault. Politely decline to give a recorded statement and refer them to your lawyer. It’s the safest approach.
Talk to an Athens, Georgia, Car Accident Lawyer
Assigning fault after a rear-ended accident is not always as simple as it seems. Many factors can come into play, and insurance companies will look for any possible way to pin the blame on you so they can pay out less.
That’s why it’s so important to have an experienced Athens car accident attorney on your side. At Larrison Law Firm, we know how to gather the right evidence, build a strong case, and fight for the maximum compensation you deserve.
Contact us today for a free, no-pressure consultation. Let us explain how we can help and fight for the compensation you deserve. Call now.
