Rear-End Collisions & Related Lawsuits
Rear-end collisions occur when the front of one vehicle strikes the back of another. These often lead to a presumption that the rear driver caused the crash. The reasoning behind this rule is that drivers are expected to maintain a safe following distance and be prepared to stop if the leading vehicle slows or stops. However, the rear driver may present evidence demonstrating that an unsafe action by the driver in front caused the collision.
Rebutting the Presumption
A driver in back can rebut the presumption by showing that the driver in front acted negligently. Evidence such as dash cam footage, statements from eyewitnesses, or data from electronic devices in the vehicles can help establish that the front driver braked suddenly without cause or failed to maintain functioning brake lights. Liability may also shift if the front driver reversed unexpectedly or made a dangerous lane change. If the front driver experienced a vehicle malfunction and continued driving without pulling over or activating hazard lights, responsibility for the resulting collision may lie partly or entirely with that driver.
The Role of Police Reports and Witnesses
An official police report can influence discussions with insurance carriers. Officers who arrive at the scene often record the position of the vehicles, damage, and any statements made by the parties involved. A police officer’s findings can affect settlement negotiations and court proceedings. Witness statements can further clarify how the collision occurred. Observers may confirm facts such as the front driver’s abrupt braking or the rear driver’s inattentiveness.
Comparative and Contributory Negligence
Most states follow a comparative negligence approach, which means that each driver can be assigned a percentage of fault. A driver who is 20% responsible for the accident might receive damages reduced by that same percentage. In states with a modified comparative negligence approach, a driver who is 50% or 51% at fault (or more) may be blocked from recovering damages. A small number of states apply contributory negligence, meaning that any negligence by the injured person, even if only slight, can bar them from receiving compensation.
Immediate Steps After a Rear-End Collision
Safety should be the top priority. Vehicles should be moved out of the path of traffic if possible. Calling 911 ensures that police officers and emergency medical personnel can respond if there are injuries. A driver can document damage by taking photographs and should collect the other driver’s contact and insurance information. Witness contact information is also valuable for establishing an accurate account of what happened. It is generally prudent to speak only about the basic facts of the collision and not to discuss fault at the scene. Seeking a prompt medical evaluation addresses any injuries early and creates a record connecting them to the collision. Reporting the accident to one’s own insurance company begins the formal claims process.
Collecting and Preserving Evidence
Evidence that supports or challenges liability can be essential to a claim. Photographs that capture the final resting positions of the vehicles, the extent of the damage, traffic signs, weather conditions, skid marks, and road hazards can play a key role. Repair estimates, medical records, and all accident-related bills should be retained to show the full extent of monetary losses. A personal record of pain levels, treatments, and how the injury affects daily life can provide further insight into the accident’s impact.
Damages Available in a Lawsuit
Damages in a rear-end collision claim usually include compensation for medical expenses, such as hospital bills, physical therapy, and prescription costs. Past and future lost wages may be recoverable if the injury affects the ability to work. Costs to repair or replace a damaged vehicle and related out-of-pocket expenses can also form part of the economic damages. Non-economic damages cover losses tied to pain and suffering, emotional distress, and diminished quality of life. A claim for loss of consortium addresses the negative impact on a spousal relationship.
Identifying Other Defendants
Sometimes these claims aren’t as simple as suing one other driver. When three or more vehicles become involved in a chain-reaction collision, each impact is examined to determine whose actions contributed and to what extent. In certain circumstances, a party not present at the scene might bear responsibility. A manufacturer could be liable for a defective part, or a government entity could be liable for failing to maintain safe road conditions.
