According to the National Highway Traffic Safety Administration (NHTSA), rear-end collisions make up almost 30% of all car accidents in the United States. While you may assume that the rear driver is at fault for a rear-end collision, this is not always the case. Sometimes the leading driver can be at fault.
As rear-end collisions can lead to severe injuries, including whiplash, spinal cord injuries, broken bones, and more, it is important to file a claim to recover damages. Today, we review who is liable for a rear-end collision.
As in any car accident case, determining who is liable for a rear-end collision will require an evaluation of the details of the events.
When the Leading Driver May be Liable for a Rear-End Collision
An evaluation of the details of a car accident, helps determine who is liable for a rear-end collision. It is possible that the driver who is leading could be held liable for the accident. An example of this might be if this driver suddenly stops, makes a turn without warning, or does anything else that could confuse the driver behind them and catch them off guard. Although a driver should pay attention to what is going on in front of them, the driver leading should do his/her best to drive with care and protect the safety of the other drivers around them.
California Law Requires a Duty to Leave Adequate Braking Distance
Under California Vehicle Code, drivers cannot follow another vehicle closer than what is reasonable and prudent. A driver must also have due regard for the speed of their vehicle, traffic, and the condition of the road. What this means is that the tailing driver has a duty to consider the road conditions and adjust their distance accordingly.
What to Do if You Have Been Injured in a Rear-End Collision
You should consult with an experienced Sacramento car accident attorney if you were injured in a rear-end collision. Your lawyer will be able to conduct a thorough investigation and gather evidence to figure out who was at fault. At Eliot Reiner, APLC, we will fight to get you the compensation you deserve! We will guide you through the claims process and handle the legal aspects of your case so you can focus on recovering from your injuries.
For a consultation with one of our attorneys, complete our contact form or call (916) 778-3228.