How Can You Prevent Paying out Extra Money to Someone Falsely Claiming a Whiplash Injury?

In rear-end accidents, there is typically a presumption of fault for the vehicle in the rear. The driver in back was almost always speeding, tailgating, or simply not paying attention at the time of the accident, all of which support a presumption of fault. However, that is not to say the driver in front never shares any of the fault in a rear-end collision. In fact, several situations exist in which the vehicle in the front may be equally or at least partially to blame for a rear end auto accident. Read on for a description of these scenarios.

Who Is at Fault for a Rear-End Collision?

In the following scenarios, the vehicle that was rear ended may bear some accident fault:

• Faulty or failure to use signal lights. If the vehicle that was rear ended had a brake light or signal light out, some blame for the accident may be attributed to the driver in front. Likewise, if the driver failed to signal properly, he/she may share fault for the accident.
• Vehicle was pushed from behind. Three- or four-car pileups are not uncommon. In these situations, the second vehicle in the pile-up may stop in time to avoid rear ending the first vehicle, but then a third vehicle strikes the second from behind, forcing it into the first vehicle. It’s possible that the second vehicle may not be found at fault for the accident under these circumstances.
• The first vehicle was driving recklessly. If the first vehicle engages in reckless behavior, the rear-end accident may not be the fault of the second driver. For instance, if the first vehicle swerves into the second vehicle’s lane suddenly or slams on the brakes to deter a tailgater, the first vehicle would likely have as much fault as the second vehicle in a rear-end collision.
• The first vehicle was backing up. When a vehicle is backing up, it is always the driver’s responsibility to yield and give the right of way to passing traffic. If a rear-end collision occurred while the vehicle in front was backing up, the second driver (the driver in the rear) would likely not be found at fault.
• The first vehicle becomes suddenly disabled in traffic. If the vehicle in front experiences a mechanical failure, such as a stall, and becomes a road hazard as a result, the driver who strikes the first vehicle may not be completely at fault.
• The driver of the first vehicle commits an error. A mistake on behalf of the driver in the vehicle in front would at least mitigate the fault of the second driver in a rear end car accident. For instance, the driver in front may have been inexperienced with a manual transmission and caused the vehicle to stall in traffic, thereby contributing to the rear-end collision.