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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?
| Who’s Usually at Fault | Exceptions Where Front Driver Shares Blame |
| Rear driver due to tailgating, distraction | Sudden lane changes, braking |
| Speeding, drunk driving | No signals or hazards when stalled |
| Mechanical issues with the rear car | Defective 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?
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:
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:
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:
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.
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:
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.
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.
