Depending on the incline, weather conditions, and the speed at which you were traveling, a rear-end collision could range from a fender bender to a full-blown crash. If you’re involved in such an accident, you’ll need a reputable car accident attorney to help you obtain compensation for your medical bills and auto repairs. However, this will depend on who was at fault in the collision. Use the following guide to find out where you stand after your accident.

How Is Fault Determined in a Rear-End Collision?

When you get into a collision, your car accident attorney may try to obtain compensation for you by proving the other driver was negligent. This means the driver behaved irresponsibly or recklessly by breaching their duty. When you’re behind the wheel, your main legal duty is to exercise care when operating their vehicle. Therefore, if you or another driver ignores the local traffic rules or signs, fails to control their vehicle, or doesn’t come to a stop in a reasonable amount of time, they could be considered at fault.

In most cases, the driver in the back—the one that rear-ends the car in front—is considered the negligible or at-fault party. This is because it’s part of your duty as a driver to keep a safe distance between your hood and the bumper of the car in front of you. While most motorists are advised to put two car lengths in this space, you should keep even more of a distance when it’s raining or snowing. If you were driving too close to the other car, you may be considered the at-fault party. 

Is the Driver in Front Ever to Blame?

There are some cases in which the driver in front—the one who gets rear-ended—is considered at fault, at least partially. For example, if they could have switched lanes to avoid an obstacle and instead came to a screeching halt, you might not have had time to stop before hitting them. If the driver in front reverses suddenly, or stops with the intention of turning but doesn’t turn, they could also be seen as responsible. Other scenarios include if the frontmost driver has broken brake lights or a flat tire and has not pulled over and turned on their hazard lights.

If you were involved in a rear-end collision, turn to the car accident attorneys at Neimark & Neimark. This New City, NY-based team has over four decades of experience helping clients obtain compensation after unfortunate accidents, from slips and falls to medical malpractice situations. Whatever you’re recovering from, call (888) 725-7424 to schedule a free consultation with a car accident attorney and find out what you’re entitled to. You can learn more about their practice areas by visiting the website.