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Determining fault in a rear-end accident

Rear-end collisions are among the most common types of motor vehicle accidents that happen in Tennessee and around the country. While these accidents happen frequently, they can result in serious injuries. While the person driving the rear vehicle is most commonly to blame, there are some situations in which the front driver might be at fault. Other parties may also contribute to rear-end accidents, making a fault determination important after the collisions have occurred.

Causes of rear-end collisions

Rear-end collisions may be caused by several factors, including the following:

  • Distracted driving
  • Speeding
  • Following too closely
  • Sudden braking
  • Non-working brake or taillights
  • Reversing in a traffic lane
  • Not using turn signals when slowing to turn
  • Not immediately proceeding through an intersection when a light turns green

While the rear driver might be at fault in several of these scenarios, the front driver could also share fault.

Determining liability in a rear-end collision

The determination of liability in a rear-end collision is important for recovering compensation. An injured victim of a rear-end accident will want to identify all of the parties who might be at fault for the accident. If a party who contributed to the accident is not named in a lawsuit, the victim may not be able to recover the percentage of damages that is attributable to the unnamed party. If the rear driver is solely at fault, the victim can file a personal injury claim against that driver to recover compensation. If the victim is the driver of the front vehicle and contributed to the accident, their damages will be reduced by the percentage of fault that is attributed to them. A victim who is a passenger in the front vehicle might file a claim against both drivers.

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