Rear-end collision is a prevalent type of car accident all around the globe. Statistics say that almost one-third of vehicle accidents are fallen under rear-end collisions. And in some cases, when people are involved in such an accident. They may get confused about how the rear-end collision fault is determined.
Because who is at fault determines a lot of things. For example, the insurance policy, repair costs, medical costs, and so on. However, there are so many reasons behind a rear-end Collison. That is why there can be multiple parties who are at fault. So, if you are a driver, it is essential to know what to look out for in a rear-end Collison.
In this writing, we are going to discuss who is at fault in a rear-end collision. Keep reading the entire article to learn more.
Who Is At Fault in a Rear-end Collison?
There are so many potentialities for the fault parties. Usually, what happens is, the rear car fails to control and hits the other car. As a result, the collision occurs. On the contrary, the front car also can hit the rear car while driving in reverse. So, both parties can be at fault equally.
Sometimes, other vehicles can also be responsible for a rear-end collision. Again, there can be multiple parties at fault. So, the potentiality for the fault parties can be several. Some of the at-fault parties can include the following:
- The rear car
- The front car
- Another vehicle driver
- A car part manufacturer
- The mechanic
Who Would Be Liable for the Accident?
Though in most rear-end collisions, the rear car driver is responsible for the accident. Then again, it is not always the at-fault party who is liable for your losses. Some other parties will deal with the damages and expenses that you had in the accident. Those parties may include the following:
- Your insurance company
- The driver who was careless or reckless while driving
- At-fault party’s insurance company
- The mechanic’s employer
How is the Fault Determined in a Rear-end Collision?
Rear-end collision is very similar to other types of accidents. Because to determine the fault party, the negligence or carelessness of driving will come first. When a driver hits another car out of carelessness or negligence, that driver will be at fault. Usually, in a rear-end accident, the driver fails to control the car. As a result, the accident occurs.
In some cases, the front car driver also can be at-fault party. When the front driver is driving the car in reverse gear, that driver may not pay enough attention to the behind. As a result, the rear-end collision occurs with another car. But after an accident, both parties will point their finger at the other driver. That is why who is at fault is determined by the damages of the car body and the witnesses.
When is the Front Car Driver At Fault in a Rear-end Collision?
In most cases, when the front driver fails to enough attention causes a collision with the rear car. Especially when they are trying to park their car in reverse gear, they fail to control the car, and as a result, it leads to a rear-end collision with the other car.
However, both car drivers can be responsible at the same time. For example, the front driver is parking the car while the other driver does not keep the proper distance. In such a situation, it is quite challenging for the other driver to stop their car instantly.
As a result, both parties can be equally responsible for the collision. There are some common circumstances. If they are found in a collision, the fault will be at the front driver, not the rear driver. Those circumstances may include the following list:
- Sudden or instant break in a time or place that would be hard for other drivers to stop their car
- When the front driver is driving or parking their car in reverse gear
- When the car’s tail lights or indicator malfunction or stop working
- When the front driver takes the sideway of the road and not leaving any space for the rear car
When No One Will Be At Fault in a Rear-end Collision?
As we have known that both parties can be equally responsible for a rear-end collision. But in some cases, it is also possible that none will be at fault. Though these situations are very rare. But it can happen. The law usually considers certain situations as no fault in a rear-end collision. Such as:
- When the driver or the passengers of the car have any medical emergency.
- If there are any sudden malfunctioning of car, that prevent the driver from stopping the car.
Collecting Evidence from the Rear-end Collision
After an accident, it is normal that you will have some kinds of injuries or physical damages. So, you will most likely claim a settlement or compensation from the insurance company. But you need to provide some evidence to the insurance company to get the compensation.
It is always better if you can call the insurance company at the accident scene. So they can come and review your situation. Also, an accident lawyer can help you to gather the evidence from the collision. But if you are physically okay, you should not waste your time and gather as much evidence as possible. The evidence that you can gather may include:
- Photos of your damaged vehicles
- Photos of the collision scene
- Skid marks that you had from the Collison
- Photos of every single finer detail of the damages
- Any testimony forms the eyewitnesses
- Detailed information of the eyes witnesses
In the bottom line:
Usually, a rear-end collision ends up with so many damages, injuries, and many other things. Sometimes, you may have to deal with pain and suffering, mental stress, medical expenses, and loss of wages. In that case, you may go and claim for a settlement from the insurance company. But you always need to provide proper evidence to the insurance company.
But gathering and providing the proper evidence can be hard and complicated sometimes. That is why you can seek help from a professional law firm that can assist you in the whole process. They can also help you to negotiate the settlement amount with the insurance company. Hopefully, this writing helped you to understand Who is at fault in a rear-end collision.
See more: How to Find a Car Accident Lawyer