Are Rear-End Accidents Always the Back Driver’s Fault?

You may be driving down the road safely when, seemingly out of nowhere, you feel a force erupt from the backside of your vehicle. The driver behind you may have unexpectedly collided with you, and you may believe that this is an open-and-shut case in which they are entirely to blame for this reckless action. However, there are important legal exceptions, along with supporting evidence, that may shift this liability onto you, or at the very least, cause you to split this accountability with the other driver. So if this is your current predicament, please continue reading to learn when back drivers presume fault for rear-end accidents and how one of the experienced Monmouth County car accident attorneys at Wilton Law Firm can help you analyze the specifics of your incident.

Are rear-end accidents automatically the back driver’s fault?

Contrary to what you initially accept, an auto insurance company and the New Jersey civil court may not automatically assume that the back driver is entirely at fault for your rear-end accident. Although this is typically the starting point for determining fault, as traffic laws require drivers to maintain a safe distance from the vehicle ahead of them, and overall, remain alert to their general vicinity. However, there may be evidence of extenuating circumstances that dismiss this presumption as a fact, and more specific examples read as follows:

• Proof that the front driver abruptly slammed their brakes for no good reason.
• Proof that the front driver had broken taillights that did not indicate when they hit the brakes.
• Proof that the back driver’s brakes were faulty or malfunctioning and lost traction.
• Proof that public roads were left icy or flooded, and caused a back driver to go skidding.

How do police reports affect fault in rear-end accidents?

In the state of New Jersey, you must report your rear-end accident to the police if it caused injury, death, or property damage exceeding $500. Beyond this, it is generally recommended to take this step if you plan on pursuing an insurance claim or personal injury claim before the civil court. So when you call local law enforcement to the scene of your accident, they may conduct a report. This report may include an officer’s unbiased, third-party, factual narrative on how the accident unfolded, based on statements collected from involved drivers and eyewitnesses.

Ultimately, the officer may disclose their expert assessment on the potential causes of the accident, whether it be tailgating, speeding, abrupt lane changes, or otherwise, along with the citations they issued to drivers while still at the scene. So while a police report is not the final determination of liability in a rear-end accident case, it may very much be influential information for an insurance company or civil judge.

If you wish to explore your legal options moving forward, please allow one of the skilled Monmouth County auto accident attorneys from Wilton Law Firm to be your guiding force. Please schedule your initial consultation with our firm at the first chance you get.