Who is Liable in a Rear-End Accident?

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    April 2 2019

    Rear-end collisions are some of the most common types of car accidents.  In this type of accident, the driver whose car hits the rear of the other vehicle is usually at fault.

    The rear driver is usually at fault.

    Why Is the Rear Driver At Fault?

    The rear driver is generally considered the at-fault driver because traffic laws require drivers to maintain a safe distance behind the vehicle ahead of them.  This means that the rear driver must be able to come to a safe stop if the vehicle that is ahead of them stops or slows down.

    If the back car rear-ends the front car, that means that the rear driver was likely not maintaining a safe distance behind the front driver.  The accident is the rear driver’s fault because the failure to maintain a safe distance was a breach of duty.

    What If One Car Is Pushed Into Another Car?

    Some rear-end car accidents involve multiple vehicles and one car rear-ends a middle car, which is pushed forward and ends up rear-ending a third car.  In this case, the rear car driver’s liability extends to all other involved vehicles. This means that the rear car driver’s insurance company would have to pay for the damages to both the front and middle cars.

    This is because the second collision between the front two vehicles only occurred because the rear car collided into the middle vehicle.

    Can the Front Driver Be Partially At Fault?

    Yes, in some cases, the front driver may be found to be partially at fault.  Nevada is a comparative negligence state. This means that the amount of a personal injury award is reduced by your percentage of fault. If your fault is greater than 50%, you cannot win any damages.

    What comparative negligence means in a rear-end car accident case is that any award to the driver of the front vehicle will be reduced by the amount that the driver’s negligence caused the accident.  For example, if the front driver was driving with broken brake lights or if the car got a flat tire and stopped in the middle of the road instead of moving toward the shoulder, that driver may be found to have contributed to the accident.  The resulting award would be reduced accordingly.

    Experienced Las Vegas Car Accident Attorneys

    If you or a loved one has been injured in a rear-end car accident and you would like to speak with a law firm with experienced car accident lawyers, contact Anthem Injury Lawyers today.

    Our personal injury lawyers are highly experienced at dealing with auto accidents and will help you get the justice that you deserve.  Our phone number is (702) 857-6000. We offer Free Consultations.

    Published by Puneet K. Garg

    Attorney Puneet K. Garg is one of the founding partners of Anthem Injury Law. He has vast experience serving various clients with their different needs. Puneet’s representation of clients has included serving as counsel to Fortune 500 companies, large and small healthcare providers, celebrities, large and small businesses, personal injury victims and individuals needing help with their everyday needs. He has represented clients from all over the world in both state and federal court in Nevada.

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