Is Fault Automatic in a Rear-End Car Accident? Not Always…

By Staff Writer

Most people assume that rear-end collisions are automatically the fault of the person in back, but that’s not necessarily true.

In many cases, there is some type of negligence on the part of the driver in back — either from distracting driving, tailgating, speeding, and the list goes on. Negligence occurs, as described by NOLO, when “someone’s conduct falls below an established standard of care.”

As a driver, you have a duty to exercise care and caution while operating your vehicle. If you can prove that another driver failed to do this, which then caused the accident, then the fault could fall on either (or both) of the drivers.

Typically, the rear driver will be held at least somewhat accountable due to the fact that it’s almost impossible to prove they’re 100% not at fault.

There are some instances, however, where it would be fairly simple to explain why the front driver breached his or her duty. Examples include:

• The driver suddenly hit the breaks for no apparent reason
• The driver didn’t use a turn signal
• The driver suddenly reversed to avoid other traffic
• The vehicle’s brake lights were out
• The front driver cut the rear driver off

If one of these scenarios (or some other breach of duty) caused you to rear-end another car, then we recommend hiring an experienced car accident attorney to help you prove your case.

The team at Gilreath & Associates would love to help you get the compensation you need for any injuries or damage done as a result of the negligence of another driver. Contact one of our Tennessee personal injury lawyers for your free consultation.

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