Understanding Rear End Collisions: Common Causes, Liability, and Prevention Tips
Some of the most tragic accidents happen because of rear end collisions, when one vehicle strikes the back of another vehicle. Driver errors, including speeding and distracted driving, are some of the top reasons for these types of accidents. Other causes include tail-gating (following a vehicle too closely), and faulty brakes or brake lights. Rear-end crashes lead to serious and life-changing injuries for those involved and unfortunately, these crashes are all too common with over 1.7 million rear-end crashes in the U.S. each year. In these crashes, someone is going to be at-fault for the rear end collision but determining liability is not always simple. You may be left wondering, “Who is at fault in a rear end collision“?
Speeding
Speed limits are there for a good reason and speeding is not only illegal but extremely dangerous to others on the road. Unfortunately, drivers who choose to go over the speed limit are jeopardizing the safety of others, and if in an accident, these drivers will be liable–legally and financially–responsible for damages and harm to others. But driving too fast is a leading cause of car accidents, amounting to nearly 1 in 5 accidents. In these types of crashes, the momentum of the speeding vehicle (the rear car) transfers to the vehicle being hit. This sudden transfer of force causes the drivers and passengers in the rear car to move forward abruptly. This often results in whiplash injuries as the head and neck are thrown forward beyond the seatbelt’s restraint. If the vehicle being hit is at a complete stop, the force becomes even more violent. This can lead to more severe injuries for the occupants of the stopped vehicle.
Distracted Driving
Anything that takes your attention away from the road is a dangerous distraction. According to the CDC, almost 10 people a day are killed because of distracted driving. With the ability to call, text, email, take pictures, and browse on a smartphone comes more distracted driving as drivers are often not maintaining the hands free and safe approach to operating a vehicle. Drivers are frequently on their cell phones, making a simple route to work or school a very dangerous path. Other sources of distraction include a vehicle’s navigation system, other passengers in the car, daydreaming, eating, and putting on makeup.
Following too closely
In ideal road and safety conditions, the National Safety Council recommends a three-second following distance from the car ahead. This means counting to three with “1-1,000, 2-1,000, and 3-1,000” before reaching the car in front of you. An average-sized vehicle takes at least 120-160 feet to stop, according to most vehicle manuals. However, this figure does not include drivers’ reaction times, which significantly increase this distance. Vehicles on the road can take 200 to 400 feet to brake safely, depending on size and road conditions. For instance, driving at 60 mph means a driver would travel at least 88 feet per second. Tail-gating the car in front of you, no matter the speed, creates a hazardous situation. You may not have enough time to stop or adjust. This driver error can lead to a rear-end collision and pile-ups involving multiple vehicles. If the weather is not ideal or visibility is low, the risk increases significantly. Nighttime driving, heavy fog, or slick roads from rain or snow make conditions even more dangerous. In such cases, a three-second following distance may not be enough. More cautious and attentive driving is essential in these situations.
Faulty brakes and brake lights
Staying up-to-date on vehicle maintenance is critical to being a safe driver on the road. When your brake lights are faulty, the driver behind you does not receive the same alert that they would otherwise receive if they could see the red lights in the back of your car. Having faulty brake lights could lead to a traffic ticket and it’s illegal. Keeping up with regular vehicle maintenance can ensure that your brake lights stay functional. There are times when a driver on the road knows their lights are out and continues using the vehicle. In these cases, only one brake light might be out and the other may be working or both lights are out. Regardless, it is critical to stay aware that other drivers have faulty brake lights.
Having faulty brakes is another maintenance issue that can lead to a dangerous accident. Hazardous weather conditions can make this situation even worse because having the inability to brake properly in heavy rain, snow, or fog or driving at night can lead to a bad accident.
Who is at fault in a rear end collision?
Often, the driver of the rear vehicle is found at fault and liable for any damages in these accidents. Distracted driving by the rear driver is a common reason for this determination. However, this is not always the case, as several factors can influence fault and liability. If a police report or investigation finds the lead driver negligent, such as driving with faulty brake lights, the rear driver may not be liable. Another example is brake checking, a form of road rage where the lead driver slams on the brakes to hinder the rear driver. This action can force the rear driver to brake suddenly or swerve, potentially causing a serious accident. In this scenario, the lead driver could be held liable for the crash and may face criminal charges as well.
Other situations that would make the lead driver responsible for the accident is if the lead driver puts the vehicle in reverse or has a mechanical problem and does not pull the vehicle to the side of the road or put on the hazard lights. Because these accidents are not always straightforward, it’s best to consult with an experienced personal injury attorney who can review your case.
Consult with a South Florida Attorney
Car accidents with serious injuries, liabilities, and damages will likely need an attorney so that the injured person(s) can focus on recovery while the stress of the insurance claims process is taken care of by a legal professional. At Clayton Trial Lawyers, we specialize in taking care of our clients so that they can focus on their recovery from the trauma of a car accident. Contact us today for a consultation.