Who’s to Blame for a Rear-End Crash?

Rear-end collisions are common and can inflict severe injuries. Unless the situation is extraordinary, the vehicle driver causing the collision from behind will be found liable. The bigger issues in these cases are normally the injuries the plaintiff suffers and how much the case will settle for.

What is a Rear-End Collision?

A rear-end collision occurs when one vehicle crashes into the back of another because it’s stopped or moving slower than the vehicle behind it.

How Often Do Rear-End Accidents Happen?

They’re the most frequent type of collision, according to a 2007 federal Department of Transportation (DOT) report. It states they make up about 29% of vehicle crashes. The Kentucky State Police estimates that 16.5% of all the state’s vehicle crashes in 2022 were rear-end collisions, accounting for 6% of traffic fatalities.

Where Do Rear-End Crashes Occur?

They can happen anywhere, but some locations are more prone to them than others:

• Traffic jams: Heavy traffic on highways or city streets, where vehicles frequently stop and start, increases the risk of rear-end collisions
• Intersections: Rear-end crashes frequently occur at intersections, especially when one vehicle stops suddenly for a red light, yellow light, or pedestrian crossing, and the following vehicle fails to stop in time because it’s speeding or the driver’s inattentive. The Kentucky State Police report that 30% of all 2022 vehicle accidents occurred in intersections
• Merging lanes: Collisions can happen if one vehicle merges too quickly into traffic from an entrance ramp or changes lanes and hits another vehicle from behind

Locations with more drivers and potential conflicts are where there’s a greater risk of rear-end accidents. If there are more drivers, there’s likely to be more of them making mistakes and causing accidents. At intersections and traffic jams, vehicles that are stopped or slowing down may be followed by those driven by distracted drivers who are not paying attention to what’s ahead of them.

Why Do Rear-End Accidents Happen?

The DOT looked at rear-end incidents, including accidents and near-accidents. They found that:

• When vehicles crashed into each other, 59% of lead cars were stopped, and 22% were slowing down
• Approximately 87% of rear-end crashes involved some form or degree of driver distraction
• Drivers not looking forward had longer brake times compared to those who did
• The vast majority of drivers involved in incidents weren’t following too closely, they were distracted, and drivers weren’t looking forward

More than 3,100 people were killed, and about 424,000 were injured in 2019 in vehicle accidents involving distracted drivers, according to the federal Centers for Disease Control and Prevention.

Who Would be Liable for a Rear-End Crash?

Liability means legal responsibility for something that negatively impacted someone else. Determining whether someone is liable in a negligence case involves multiple decisions based on the case’s facts and applicable law.

The plaintiff (the accident victim filing the lawsuit) has the burden of showing:

• There was a relationship between the drivers (you shared the road), and the defendant (the party sued) owed you a legal duty or obligation to do or not do something in the situation leading up to the accident
• The defendant failed that obligation or breached that duty
• That breach or failure is the accident’s factual and legal (or proximate) causes
• The crash harmed you
• Under state law, the defendant must compensate you for your damages (a measurement of your injury in dollars)

In the context of a rear-end accident:

• Both drivers must operate their vehicles reasonably and safely
• For the lead driver, that means not driving erratically, quickly changing lanes, and sharply braking for no good reason
• For the following driver, that means maintaining control of the vehicle, not being distracted, and paying attention to what’s happening in front of the vehicle. They must be able to stop their car in time to prevent striking one in front of them, no matter their speed, road, or weather conditions
• Unless the lead driver is unpredictable, dangerous, and creating a situation where a reasonable following driver, despite taking all the proper precautions, can’t help but hit them, the following driver will be held responsible for the crash
• The fact the crash happened shows the following driver was unable to stop in time to prevent it. Unless the following driver can show the lead driver’s actions were so off-the-wall they couldn’t avoid a crash, they will be found liable

If you’re the lead driver, the other driver should compensate you for your damages (pain, suffering, medical bills, lost function due to disability, lost income, and benefits) unless your driving was so hazardous it caused the crash.

How Would This Impact Settling a Claim?

When an insured’s liability is clear, it simplifies a claim or lawsuit because it’s not a reason for an insurer to deny your claim or seek dismissal of your legal action. The parties usually focus on the plaintiff’s damages and what’s a fair settlement.

Insurance companies generally avoid trials that are just about damages. They fear a jury may be sympathetic to someone who’s clearly been wronged and award them a high damages verdict. Insurers are usually more flexible about resolving a claim and more willing to put a case behind them with a negotiated settlement.

Speak To A Satterley & Kelley, PLLC Vehicle Accident Injury Lawyer Today

If you’re the victim of a rear-end accident that caused your injuries, Satterley & Kelley PLLC lawyers are here to protect your interests and legal rights to compensation. Schedule a free initial consultation so we can discuss your case. Call our Louisville office at 855-385-9532 or complete our contact form if it’s more convenient.