Although establishing fault in car accidents often seems like a relatively simple procedure, the fact remains that there are numerous factors that come into play when determining fault. Even a rear-end collision, an accident that most would presume is naturally the fault of the rear-ending driver, is not always so clear. This article discusses the deciding factors that courts use to ultimately determine liability in rear-end collisions.

The Colliding Motorist

Liability is primarily determined by examining each driver's duty of care toward the other and the degree to which each driver maintained or breached said duty. In rear-end collisions, there are many ways that the colliding-driver can breach his or her duty of care.

Distractions. While a failure to observe the conditions of the road certainly constitutes a breach of care, such as when drivers are distracted by their cellphone or any other gadget, a driver might also violate his duty even when obeying the rules of the road.

Failure To Regard Road Conditions. For instance, a driver may be responsible for having rear-ended another motorist if he or she should have been driving at a slower speed, even though he or she was within the posted limits. Extreme conditions like snow or dust call for more cautious driving, and a failure to adjust one's driving to such conditions may make you liable for damages.

Following Too Closely. Drivers that follow too closely behind fellow motorists cannot use the defense that the frontward motorist failed to properly brake in the event that a rear-end collision ensues. Even if such is the case, witnesses who can corroborate that the rearward driver was following too closely will ultimately cement that driver's fate as the liable party.

The Impacted Motorist

Although it is much less common, the driver on the receiving end of the collision may often be liable for damages (see last paragraph).

Signaling & Failing to Turn. One of the ways that a frontward motorist may be liable for damages in a rear-end collision is when he or she indicates the intent to turn but fails to follow through. Oncoming motorists may see from a distance that the driver in front is planning on turning and steer their vehicle accordingly. If the frontward vehicle never turns and a rear-end collision ensues, the motorist on the receiving end will in all likelihood be responsible.

Malfunction Brake Lights. Even something as simple as inactive brake lights might be the deciding factor in determining liability. Oncoming traffic, unaware of a driver's intention to turn, slow down, or change lanes, may collide with said driver through no fault of their own.

In the end, it is important you understand that there are a number of different factors that affect the determination of liability in a rear-end collision. An experienced auto accident attorney can help establish who was truly at fault in an accident to get you the compensation you deserve. 

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