There is a common assumption that if a rear-end accident occurs, the fault of the crash lies with the person at the back. This isn’t always true – if the car in front slammed on their brakes, or other factors were involved, there may be a dispute.
It’s not always reasonable to leave plenty of space between vehicles, particularly coming out of traffic lights or in other close-quarters situations.
If you’ve been in a rear-end car accident, and you believe the accident was not your fault – but you were the person at the rear – contact TP Claims. We may be able to help. It can be a frustrating process to prove the accident was not your fault.
The other person’s insurer is likely to be looking to recover the costs of repairing their car – from you. You may also have suffered injuries in the collision, and find it very difficult to prove anything one way or the other.
Rear-end collisions are not always the back driver’s fault
There are situations where the driver at the front can be at fault, even in part, including:
- Suddenly slamming on the brakes – may be to intimidate or antagonise other drivers
- Aggressive driving
- Lack of indicator use for lane changes or intersections
- Slow driving
- Not driving to the conditions – in heavy rain or wind or during busy periods
- Cutting another driver off in a lane-change or at an intersection
- Not pulling over to the shoulder when broken down, not turning on hazard lights
- Reversing without checking adequately
- Car rolls back into another car
- Two cars reverse into each other in a carpark
- A multi-car pile-up caused by one car at the very back
- Brake lights not working
What is a rear-end car accident?
A rear-end car crash is where one car collides with the back of the car in front. Usually the car behind crashes into the car in front, but the opposite can be true if the front car is reversing.
A classic rear-end collision occurs on busy freeways during peak hour traffic where drivers may be going very slowly, and be distracted by their phone, stereo or looking out the window. Other causes of rear-end collisions include speeding, reckless driving and simply not paying attention. A rear-end collision may in some cases be deliberate, such as being rammed from behind, or caused deliberately by suddenly braking by the car in front.
Figuring out who is to blame for a rear-end collision
Before you make a third-party claim against the other driver, you need to be able to prove the collision was not your fault. This can be tricky, but not impossible. Ask us for advice if you’re not sure where to start.
Usually, the car that hits from behind is considered at fault, unless the car in front has rolled back or reversed into the car behind. If there is more than one car involved, a multi-car pile-up where the very end car causes many cars to hit each other, the last car is usually considered at fault.
In the unfortunate situation where two cars reverse into each other in a car park, it can be difficult to figure out who is at fault. Both drivers may be accepted as equally at fault, and the insurers share the costs. Carpark accidents can be tricky to prove fault.
Getting help
We can help you figure out who was at fault and see if you have a claim to make against the other driver. You can claim for damages to your vehicle, and even get a rental car paid for by the other driver’s insurance, but also claim for other damage like broken glasses and taxi rides. Call us!
Every driver needs to be able to stop quickly to avoid a collision if the car in front stops suddenly. As Snedden Hall & Gallop’s Managing Director, Richard Faulks, explains, this was confirmed in a recent decision by the ACT Supreme Court case, Howard-Hill v James.
Contributory negligence
The Court considered whether a driver, injured when another vehicle struck her from behind, was negligent. In this case, the injured driver had braked heavily to avoid hitting two galahs on the road. If the Court had found that she’d contributed to her injuries, it would have impacted her potential compensation claim.
Justice Mossop, in the Supreme Court, found that there was no contributory negligence. He ruled that each driver has to allow sufficient distance to avoid a collision. And this includes allowing for the possibility that a vehicle in front might suddenly come to a halt.
The outcome of this case is that, where a collision occurs after the front car stops suddenly to avoid a hazard on the road, in the normal course, the driver of the front car will not be found to have been contributory negligent.
Significance of this case
This case will assist those injured drivers who have to brake suddenly because of obstructions on the road or a sudden build-up of traffic. It also shows that drivers must exercise caution and allow a reasonable distance between their vehicle and the vehicle in front.
How can Snedden Hall & Gallop help you?
The experienced Personal Injury team at Snedden Hall & Gallop can advise you if you have been in a car accident. Please contact us today for assistance on 02 6285 8000 or by email.
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You do your best to drive safely. You never look at your phone, you keep all other distractions to the absolute minimum, and you are always on the defense. However, no matter how cautious you are, there’s still a chance that you could be involved in a car accident. Take the following scenario, for example:
You’re driving down the road, obeying the speed limit, heeding all traffic signs, and keeping a safe distance between you and the car in front of you. Suddenly, out of nowhere, the driver in that car in front of you or the lead vehicle slams on his brakes, and despite your best attempt to avoid a collision, you end up rear-ending him.
Believe it or not, rear-end collisions are extremely common. In fact, the National Transportation Safety Board estimates that rear-end collisions account for nearly 50 percent of all motor vehicle accidents that involve two vehicles. In other words, almost half of the car auto accidents cases involve one driver hitting into another car from behind which is called a sudden stop accident.
While it might be comforting to know that rear-end collisions are extremely common, it doesn’t exactly give you peace of mind in terms of knowing who will be held responsible and how it will affect your insurance. If you’re wondering who is at fault when a driver slams on his brakes and you collide with him from behind, keep on reading to find out.
Who’s At-Fault in a Rear-End Collision?
You might be asking yourself “If I rear ended someone who stopped suddenly, who is at fault?” Generally, the driver of the rear vehicle who hit the vehicle from behind will be held responsible. Why? – Because of something that is referred to as “duty of care”. In layman’s terms, this means that all motorists are expected to practice a reasonable standard of care while they are driving. In other words, you have a “duty of care” to be a responsible driver when you are behind the wheel of a car.
As a motorist, you are expected to execute safe and defensive driving tactics, which include:
- Maintaining a safe distance between your car and other vehicles
- Controlling your motor vehicle
- Adhering to speed limits
- Obeying the rules of the road
- Being prepared for unexpected changes in the behavior of other driver’s
If you fail to uphold reasonable care while you are driving, generally, law enforcement officials (and insurance companies) will find you negligent. In other words, any collisions that occur as a result of failing to uphold “duty of care” would end up making you liable.
So, before you check on any car repair estimate and the fine print of your monthly insurance, let’s find out who is at-fault. Regarding a collision with a driver from behind who suddenly slammed on his brakes, it will likely be determined that you were not maintaining a safe distance and that you were not prepared for sudden changes in the flow of traffic (see points above).
In other words, in the eyes of the law, even if the other driver of the lead vehicle slammed on his brakes out of nowhere, if you, the rear driver had kept a safe distance and were prepared for changes in driving patterns you would not have rear-ended them.
Furthermore, you would have been able to react with enough time, and there would have been enough space between you and the other vehicle to bring your car to a complete stop. Hence the reason why the driver of the vehicle that hit into the car in front of them is considered at-fault.
In this case, you can expect that your car insurance would have to foot the bill for any damages to your vehicle, as well as any damages to the car you collided with. You will also likely see an increase in your insurance rates.
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Is the Rear Driver Always At-Fault?
While in most cases, the rear driver or tailing driver will be considered at-fault in a rear-end collision, there are instances when the driver of the vehicle in front will be held liable.
If any of the following apply to the driver in the front vehicle, he would be held liable for the rear-end collision:
- The lead driver reversed suddenly and without warning at a stop sign or traffic light
- The brake lights on the front vehicle were not working
- Suddenly stopped to make a turn, but ended up not turning
- Stopped in the middle of the road because of vehicle damage, and did not issue a warning of stopping (failed to use hazard lights) or pullover
- Pulled out into traffic, not leaving enough space for the cars behind him to react to the presence of his vehicle
In these types of scenarios, there is a chance that the lead driver who was operating the vehicle you rear-ended will be held liable. However, it’s important to note that many of these instances can be challenging to prove.
How to Avoid Rear-End Collisions
The best way to avoid a rear-end collision is always to ensure that you are driving as safely as possible. Make sure that you keep a safe distance between you and the vehicles in front of you, keep your eyes on the road, and always be prepared to react.
For additional safe driving tips, please check out some of the other guides on 4AutoInsuranceQuote.com:
- Top 5 Ways To Stay Focused While Driving
- Safe Driving Tips For Teens
- Top 10 Tips For Safer Driving While Pregnant
- Avoiding Dangerous Distractions While Driving