Rear-end collisions are one of the most common types of car accidents—and in most cases, the driver who hit the vehicle in front is presumed to be at fault. But that doesn’t mean every situation is clear-cut. Whether you were the one who rear-ended someone or the driver who was struck from behind, understanding your rights and responsibilities is key. A car accident lawyer can help assess your case, determine liability, and guide you through the insurance or legal process. Our friends at Patterson Bray PLLC go over some of the nuances of rear-ending, below.
Why Rear-End Accidents Happen
Rear-end collisions usually occur when a driver is following too closely or is distracted and doesn’t react in time. Common causes include texting while driving, speeding, brake failure, poor weather conditions, or sudden stops. In traffic-heavy areas or at stoplights, even a moment of inattention can lead to a crash.
While it’s typically assumed that the trailing driver is responsible, there are some situations where the lead driver may share some or all of the blame—for example, if they suddenly reversed, had non-working brake lights, or stopped abruptly for no valid reason.
What To Do Immediately After The Accident
If you’ve rear-ended another vehicle, the first thing to do is ensure everyone is safe. Move the vehicles out of traffic if possible and call emergency services if there are injuries. Even in what seems like a minor accident, it’s important to exchange contact and insurance information, take photos of both vehicles and the scene, and get a copy of the police report.
Avoid making statements that admit fault at the scene, even if you feel responsible. Simply report the facts. Liability is something that should be determined after a full investigation.
What Are The Legal And Insurance Consequences?
In many rear-end accidents, the insurance company for the driver who caused the crash will cover damages through their liability coverage. This usually includes vehicle repairs, medical bills, and possibly lost wages.
However, if the insurance company believes you were driving recklessly or impaired, they may try to limit what they pay—or deny the claim altogether. If you’re the one who was hit, you might still face delays or lowball settlement offers, especially if you’re dealing with injuries that aren’t immediately visible, such as whiplash or soft tissue damage.
This is where a car accident lawyer can make a difference. They can gather evidence, communicate with the insurance company on your behalf, and push for a fair resolution. If the case goes to court, your lawyer can also present a strong argument to show who was truly at fault and the full extent of your damages. Your lawyer will offer good tips for handling a motor vehicle accident no matter how difficult your case may seem.
When Fault Is Disputed
Sometimes, both drivers share some level of fault. In states that follow comparative negligence laws, the amount of compensation you can recover may be reduced based on your percentage of fault. For instance, if it’s determined that you were 80% at fault and the other driver was 20%, you may still recover a reduced portion of your losses—if you’re the one filing the claim.
A lawyer can help gather surveillance footage, dashcam video, and eyewitness accounts to build a clearer picture of what really happened. This is especially important in more complex cases where sudden stops, vehicle malfunctions, or multiple vehicles were involved.
How A Car Accident Lawyer Can Help
Rear-end accidents can seem simple on the surface, but they often lead to complicated legal and insurance issues. Whether you were the driver who rear-ended someone or the person hit from behind, having an experienced lawyer can protect your interests and ensure the outcome is fair.
They can handle communication with adjusters, calculate the full cost of your medical treatment and car repairs, and make sure you’re not left paying out of pocket for someone else’s mistake—or blamed unfairly for something that wasn’t your fault.
If you’ve recently been in a rear-end accident, don’t wait to get legal advice. A car accident lawyer can walk you through your next steps, explain your options, and help you recover the compensation you need to move forward.