Can I Sue If I Caused a Rear-End Collision?

If you’ve driven in heavy traffic, you’ve probably come close to rear-ending someone at a traffic light. You may even have hit someone at a signal or been the victim of a rear-end auto accident yourself.

In a rear-end accident, liability usually falls to the following driver. There are cases when the front driver shares responsibility for the collision, or sometimes a third party may cause the accident.

In this article, we’ll explain presumed fault in rear-end accidents and how it impacts a potential car accident legal claim.

Just because you were the rear-end driver does not make you liable in an accident. However, in most states, the following driver is presumptively at fault in the accident. What you do after the rear-end car accident can have an impact on successfully rebutting the presumption.

If you’ve recently been in a rear-end collision and want to know your legal options, it’s best to consult with a local car accident attorney. They can explain how state law applies to your unique circumstances and lay out your options.

What Is the Presumption of Fault in a Rear-End Accident?

In a rear-end crash, courts generally presume the rear driver caused the accident because state laws require drivers to maintain a safe following distance. They assume that if you were far enough behind the other car, you should have been able to stop in time, even in an emergency. Since the forward driver cannot go faster than the cars in front of them, the rear driver must maintain a safe distance.

What Is a Safe Following Distance?

Many of us remember the “three-second rule” from driving class. You should travel at a speed that gives you three seconds between yourself and the vehicle in front of you. The distance should be five seconds for larger vehicles like tractor-trailers. In light traffic or at freeway speeds, the “three-second rule” is sufficient for safe driving.

The three-second rule is useful because it relies on the speed of your vehicle rather than trying to estimate car lengths. Studies have shown that at 30 miles per hour, an alert driver needs about 132 feet, or about 8.8 car lengths, to stop. Unless you can easily estimate 132 feet or nine car lengths, three seconds is easier to count.

However, most people do not use a safe following distance in heavy traffic. At 60 miles per hour, motorists should leave about 265 feet, or two-thirds of a football field, between themselves and the car in front. Anyone who has traveled on a freeway at rush hour knows this is rarely the case.

Driver Negligence

In any rear-end collision, the following driver is presumed to be at fault since they had the ability to move back or slow down. Common reasons for rear driver negligence can include:

• Speeding
• Following too closely for the road conditions (a distance that might be safe in clear weather could be too close for rain or fog)
• Distracted driving (texting while driving has become the number one cause of traffic accidents)
• Driving while intoxicated (DUI/DWI is often a criminal offense as well as a civil liability)

The forward driver may also share liability for a rear-end accident. Frequent causes of front-driver liability for rear-end accidents include:

• Malfunctioning brake lights or other signal defects
• Unsafe lane changes
• Sudden stops or brake checking

Third-party causes, such as situations when a car cuts off the driver in front, leading to a multi-car accident, may affect the accident settlement by changing the percentage of fault among the drivers.

Insurance Fraud and Road Rage

A type of insurance fraud known as “swoop-and-squat” sometimes masquerades as a rear-end collision. It is less common today, now that so many people have cell phones and dashcams. In a “swoop-and-squat,” one driver pulls in front of the target in traffic and drives at a normal speed. A second driver parallels the target. They wait until the victim has a bridge or guardrail to their other side. Then the front driver slams on their brakes. The second driver prevents the victim from swerving.

Swoop-and-squat frauds are dangerous for everyone, but the goal is a hefty insurance settlement from the victim. Proving the fraud is difficult since it can require multiple videos from different angles to show the fraudsters in action.

More recently, rear-end collisions triggered by road rage have increased on U.S. highways. These accidents occur when the forward driver believes, rightly or wrongly, that the driver behind them is tailgating, and the solution is to brake check them. Usually, the driver is not tailgating, just close behind in heavy traffic, and the result is a serious accident.

Even if someone is tailgating, brake checking is generally not a legally acceptable response. Intentional brake checking can be considered aggressive driving or even assault in some jurisdictions.

Can You Sue if You Caused a Rear-End Collision?

Even if you are at fault in a rear-end accident, you may still be able to collect damages. The two main factors that determine your ability to recover are:

• Whether you live in an at-fault state or a no-fault state
• How your state assesses comparative fault

These are two essential factors for proving liability in any car accident case, but they’re especially important for rear-end collisions.

At-Fault vs. No-Fault

In at-fault or “tort” states, drivers file insurance claims with the other driver’s insurance company after an accident. The insurers determine who caused the accident and allocate percentages of fault. The at-fault driver’s insurance company pays the other driver’s insurance claim.

In no-fault states, each driver’s insurance company pays for their damages. You’d generally only sue the other driver if your insurance policy cannot cover the full amount of your damages.

No-fault typically applies to medical expenses and lost wages up to policy limits. Property damage claims usually still follow traditional fault-based rules.

Comparative Negligence

In most accidents, both drivers share some responsibility for the crash. A driver may run a red light, but the other driver could have been texting. As we noted above, in a rear-end crash, the forward driver can share liability.

Comparative negligence is a method of apportioning fault in an accident where both parties share blame. Comparative negligence, or comparative fault, is often measured in percentages. For instance, if one person is 20% at fault, the other person is 80% at fault. Sometimes other factors can be responsible, such as weather or road conditions.

There are several types of comparative negligence. Some are more favorable to partially-liable plaintiffs than others.

• Pure comparative negligence allows plaintiffs to recover damages regardless of their degree of fault. The percentage of fault limits the recovery amount. For instance, if you are 40% at fault, you can still recover 60% of your damages.
• Modified comparative negligence lets plaintiffs recover damages if they are less than a set percentage at fault. Depending on the state, it may be 50% or 51%. In other words, you must be less than 50% at fault to recover any damages.

Four states and the District of Columbia use contributory negligence. This restrictive rule prevents plaintiffs from recovery if they are even 1% responsible for the accident.

Deciding Whether to File a Lawsuit

If you cause a collision, you should talk to a personal injury lawyer before filing an accident claim. They can explain the details of your state’s car accident insurance laws and comparative negligence rules.

If you reside in a contributory negligence state (Alabama, Maryland, North Carolina, Virginia, and Washington, D.C.), a car accident attorney may recommend you not file any legal action against the other driver. Because the plaintiff has the burden of proof, and these states will not award a plaintiff damages if they are at fault, you can only obtain a fair settlement if the other driver is fully responsible.

In at-fault states, you can file legal action for the damages related to the accident, including:

• Economic damages such as medical bills, lost wages, and future medical treatment
• Non-economic damages such as pain and suffering, emotional distress, and loss of consortium

In some states, other factors can affect the settlement amount. For instance, in California, if you do not have insurance at the time of the accident, you cannot recover non-economic damages, regardless of fault. In many states, being under the influence bars you from a settlement recovery.

Things to Consider

If you are the at-fault party, when you discuss the collision with a car accident lawyer, keep some things in mind:

• Did you gather evidence from the accident scene that will help your case? Your attorney can help you collect things you need afterward, such as police reports and photographs.
• Were there witnesses to the accident? Witness statements can help prove your claim that the other driver was partially responsible.
• Do you have proof of vehicle repairs? Although you cannot claim property damage as part of a personal injury claim, the insurance adjuster’s report can help show how the accident occurred. You can also pursue a property damage claim at the same time if your insurance doesn’t cover the damage to your vehicle.
• Are you within the statute of limitations? States put limits on the amount of time plaintiffs have to file personal injury claims. The time varies depending on the state and also the type of claim you file. In most states, you have three years, but you could have as few as two years or as many as seven years.

Get Legal Advice from a Personal Injury Attorney

Even if you cause a rear-end collision, you can still get fair compensation for any serious injuries or lost income. You may have a claim against the other driver. But you need experienced legal representation to help make your case. To get a rear-end collision settlement, contact a car accident attorney in your area who can help with your case.

FindLaw’s directory of car accident attorneys can help you get started. You can narrow your search by state and city to find lawyers who are knowledgeable in the laws of your jurisdiction. You can also find reviews, payment options, and other important information to help you choose the right advocate.