In many rear-end crashes the driver in back is presumed at fault for following too closely, but exceptions exist, and shared fault is possible.
Why the rear driver is usually liable
Drivers must keep a safe distance and be able to stop. If a driver hits the vehicle ahead, police and insurers often assume inattention or tailgating.
Exceptions
- The lead driver stopped suddenly without reason or reversed.
- Brake lights were not working.
- The lead driver cut in and braked.
- A chain reaction caused by a third vehicle.
Common injuries
Rear-end crashes commonly cause neck and back injuries, including whiplash, which may not show symptoms for days. Seeing a doctor promptly links injuries to the crash.
Document it
- Photograph both cars, the scene and brake lights.
- Get the police report and witness details.
- Note the time and traffic conditions.
- Track medical visits and symptoms.
- See our guide to neck and whiplash injury claims.
Frequently asked questions
Can the front driver be at fault?
Yes in limited situations such as sudden unnecessary braking.
Does a low-speed crash mean no injury?
Not necessarily. Injuries can occur at low speeds.