In the blink of an eye, you rear-end another car. Are you always to blame, or could the lead driver hold some responsibility too?

Comparing Key Points

Who’s Usually at FaultExceptions Where Front Driver Shares Blame
Rear driver due to tailgating, distractionSudden lane changes, braking
Speeding, drunk drivingNo signals or hazards when stalled
Mechanical issues with the rear carDefective lights or brakes

Is the rear driver always legally at fault in a rear-end collision?

No, the rear driver is not always solely legally responsible when they rear-end another vehicle. Though the rear driver is typically deemed predominantly at fault due to tailgating, speeding, distraction, intoxication, or vehicle defects, lead drivers can share in the blame as well. The lead driver may contribute to the collision by braking erratically, changing lanes without signaling properly, neglecting to use hazard lights when stalled on the road, or operating a vehicle with defective brakes or lights. Comparative negligence laws in most states allow for fault to be apportioned between multiple contributing factors to a crash. An experienced legal team can help determine if other parties bear any liability for a rear-end accident.

Rear end collisions are one of the most common types of traffic accidents. There are many reasons why the car in front of you can slow down or stop suddenly – and all it takes is hitting the brakes a moment too late to find yourself in a rear end collision. This is an experience shared by many Americans on the road. In fact rear-end collisions are one of the common types of traffic accidents in the United States.

In 2019, the National Highway Traffic Safety Association reported that rear end crashes made up 32.5% of all traffic accidents. Out of the total, 33% caused property damage only, 31% caused injuries, and 7% were fatal.

Even though rear end collisions are common, it is important not to assume that as the rear driver is always at fault – especially since Nevada is an at-fault state when it comes to traffic accidents. What does that mean for rear drivers involved in a rear end collision?

Why is a Rear End Collision Usually Assumed to Be the Rear Driver’s Fault?

The reality of rear end collisions is that statistically, the rear driver is at fault in the majority of crashes. In the most common scenario, the lead vehicle has come to a complete stop, and the rear driver collides with it for one of the following reasons:

When is a Rear End Collision the Lead Driver’s Fault?

A lead driver can be the cause of a rear end collision, or part of the cause – meaning the rear driver can be only partly at fault. Some of the maneuvers that lead to a lead driver causing a rear end collision are:

  • changing lanes without enough warning
  • cutting off the rear driver without signaling and enough space
  • braking accidentally
  • reversing by mistake
  • driving with defective brakes, broken brake lights of tail lights
  • not using hazard lights if the car has stalled
  • stopping abruptly
  • Failure to move the car out of the road within a reasonable time

How Is Fault Determined in a Rear End Collision in Nevada?

Nevada is an at-fault state when it comes to traffic accidents, which means the person who caused the accident due to their negligence is responsible for the other party’s damages. In at-fault states, a system called comparative negligence apportions the responsibility for damages according to a percentage that a driver is found to be at fault.

As an example, a driver who changed lanes without signaling could be rear ended by a driver who was speeding. In a trial, the lead driver could be found to be 60% at fault and the rear driver to be 40% at fault. In this case, because the rear driver was less than 50% at fault, they would possibly be able to recover damages, though their award would be reduced by the percentage they were at fault.

Determining who is at fault can be complicated, which is why it is best to rely on a legal team to help with gathering evidence, such as:

  • Reports from eyewitnesses
  • Smart phone recordings or dashboard cameras
  • Police reports made at the scene of the accident
  • Closed circuit television recordings
  • Expert witness testimony in reconstructing accidents based on skid marks and debris left at the scene of the accident
  • Types of injuries suffered as a result of the accident based on medical records or testimony from medical professionals

What if Third Parties are Involved in a Rear End Collision?

In some cases, more than two parties share the fault in causing a rear end collision. In some situations this is due to bad weather, which means fault cannot be assigned unless the driver was not making appropriate adjustments to their driving to compensate.

In other cases, more than two vehicles can be involved in the  cause of the crash due to the same poor driving decisions mentioned earlier, and may all share in the fault.

Some third parties are not other drivers at all. For example, an accident caused by mechanical defects could be the fault of the vehicle’s manufacturer. If the cause was badly maintained roads, it could be caused by negligence from the local transport authority.

What If I am Injured in a Rear End Collision?

People injured in a rear end collision due to another party’s negligence may be eligible for compensation. There are a number of injuries common to rear end collisions, including:

Treatment for these injuries can incur:

  • Large medical bills
  • Loss of income from missed work
  • Pain and suffering

Since Nevada is an at-fault state, the comparative negligence law means that as long as the victim was found to be less than 50% at fault, they can still be eligible for compensation for damages.

Accidents involving specific entities, like an Amazon driver, can have unique implications. Furthermore, understanding the potential value of a car accident case in Las Vegas can be crucial in ensuring that victims receive the compensation they deserve. In unfortunate situations where the responsible party flees the scene, victims should be aware of the steps to take in a hit-and-run scenario.

Accidents can lead to various unforeseen challenges. One such challenge is the potential loss of wages due to injuries. It’s essential to know how to claim lost wages after a car accident in Vegas. Moreover, gathering evidence plays a pivotal role in strengthening a case. A simple yet effective step is taking pictures post a car accident, which can provide invaluable insights into the incident’s circumstances.

It is important that if injured in a rear end collision in Nevada, the injured party should seek medical attention as soon as possible.

There is a statute of limitations on filing a personal injury lawsuit of two years from the date of the injury.

Therefore, keeping careful records of medical treatments, prescriptions, lost days of work, and the progress of recovery of injuries is essential. It is always best to talk to a lawyer about filing a personal injury lawsuit in Nevada after a rear end collision.

Why Should I Contact a Lawyer When Involved in a Rear End Collision?

Proving fault in a rear end collision can be complicated, especially when there are multiple causal factors, or more than two parties involved. But why risk penalties for an accident that is not your fault, or only partly your fault? This is where a car accident lawyer in las vegas and aggressive legal team comes in.

Our expert team will pursue your case to ensure the best possible results. Contact us today to schedule your consultation.

As founder of Gina Corena & Associates, she is dedicated to fighting for the rights of the people who suffer life-changing personal injuries in car, truck and motorcycle accidents as well as other types of personal injury. Gina feels fortunate to serve the Nevada community and hold wrongdoers accountable for their harm to her clients.

  • This was my first time using a lawyer, which I needed due a major car accident. They made everything simple and stress free, and I couldn’t be happier with the attentive care I received from everyone at the law office. Gresia was fantastic, and kept in touch regularly. She was professional, knowledgeable, and very kind. I would recommend them to anyone.

    - Deb Compton

  • Gina and her crew are truly amazing. They exceeded my expectations. They kept in contact with me throughout the whole time and any questions I did have They would take the time and explain everything so I would know what to expect. I would highly recommend them at any time.

    - Chris S

  • Thank you very much for the services everyone answered every single one of my calls and this firm took care of me from start to finish. Thank you so much Gina for taking on my case and assisting me I will recommend you to everyone.

    - Sayra Sánchez

  • I rarely do reviews but I want to share what an outstanding team Gina Corena has. Mahna Pourshaban did such an awesome job In helping us get our settlement, she has treated us like family since day 1 that we met her.. Me and my family want to tell u guys thank u from the bottom of our hearts.

    - The LOPEZ Family

  • Working with Gina was An amazing feeling as the client to know that my case is being handled professionally and to the best it can be ! Knowing that Gina can handle it gave me confidence and peace, 100 percent recommend Gina and her associates team !

    - Jonathan Rodriguez

  • GINA CORENA is the best attorney indeed! Thank you to her amazing team the attention to detail I received was incredible. 100% recommend to everyone!

    - Clara Maria

  • My experience with Gina Corena’s office was amazing. They were all professional and were easy to reach out to during my whole case. I’d recommend their services 10/10!!

    - Mark Surban

  • I'm really satisfied with the work these ladies provide. They’re Super reliable and Professional, Alexandra was the one that helped me with my case and she’s super nice and sweet. She made sure I was aware about all the updates with my case. Overall the work they provide to the citizens of Las Vegas is top notch. Thank you Gina Corena and associates.

    - Gil Axel

  • This is the best company I have dealt with hands down. I am super thankful with them for all the work they did on behalf of my case. The process was rather simple and very well explained from start to finish. Thank you so much Gina Corena &. Associates. Thank you Kim for assisting in my case.

    - Raidel Echavarria

  • I received nothing but top notch service from this firm not once but twice please keep up the outstanding job customer service is very important to me and your firm went above and beyond again THANK YOU

    - Freda Smith

  • Such a great law firm. This was my first time having to get a lawyer due to an auto accident and they explained all the ins and outs of my case and the process. I will definitively keep them in mind again for the future.

    -Alyssa Ortega

  • If I can give Gina’s firm 10 stars I would. They have the best customer service & most knowledgeable staff I’ve ever come across. The office is always clean and it has a lovely and positive vibe. Thank you to this amazing firm to make my experience fast and easy for me. Gina definitely knows how to care of her clients and treated me like family. I will recommended to my friends and family.

    -Cony Jordan


CALL US 24/7

Schedule A Free
Injury Consultation Below

    By contacting Gina Corena & Associates, you agree to receive emails, text messages, and phone calls regarding your legal inquiry, which may be considered advertising material.