Who is Responsible for a Rear-End Accident?

5Who is Responsible for a Rear-End Accident?

Car accidents are common occurrences. No matter how careful you are as a driver, you may be involved in an accident at some time in your life. Many accidents occur in traffic and at stop lights or signs. This is where many rear-end collisions occur. According to the National Highway Traffic Safety Administration (NHTSA), rear-end collisions are the most common type of accident in the United States. Rear-end collisions can result in serious injuries or fatalities and substantial vehicle damage.


Is the Car in the Rear Always Responsible?

You may think that the person who hit the other vehicle from behind is always at fault, but this may not always be the case. Although a majority of rear-end collisions are the fault of the driver in back, there are some circumstances where the driver in front could be to blame. Determining fault in an accident can be somewhat complex. For instance, if the driver in front made a negligent move, the driver in the back may have had no time to stop. Each case is different, so the insurance company will need to review the claim to figure out which driver is negligent.


Charlotte Personal Injury Attorney Matt Arnold answers the question: “Should I trust the insurance adjuster?”


How Do Rear-End Accidents Happen?

Rear-end accidents happen for a variety of reasons. Some of the most common reasons for rear-end collisions include texting or talking on a cell phone while driving, distracted driving, reckless driving, driving while impaired, tailgating, speeding, and poor road conditions, among others. While usually, the driver who hits another vehicle from behind is at fault, the insurance company will need to review the details of the accident to determine negligence. A negligent driver is generally responsible for damages.


Negligence in Car Accidentsspeed-1505441

The negligent party in a car accident is responsible for any and all damages they caused. North Carolina is a pure contributory negligence state. This means that a driver may only collect damages in an accident in which they had no fault. If you were at all negligent in an accident, North Carolina law does not permit you to recover damages from any other driver. Therefore, it is extremely important to provide as much evidence as possible to show that you were not negligent in an accident.


The insurance company typically ascribes a portion of negligence to drivers involved in accidents. They analyze a number of factors to determine negligence. Some factors they review include a visual inspection of the damages, evidence at the scene, accident reports, witness accounts, dash cam and surveillance video, weather data, and black box data in the case of truck accidents.


Get the Compensation You Deserve

After a serious accident, you may suffer great harm due to someone’s negligence. Damages may be medical bills, lost wages, pain and suffering, and more. If another driver is found to be negligent in the accident, you may be able to seek damages. You will need to prove that you were not at fault and that the other driver’s negligence caused you harm. An experienced personal injury attorney will work to help you get the compensation you deserve for your injuries. If you were hurt in an accident that was not your fault, contact our legal team at Arnold & Smith, PLLC, at (704) 370-2828 for a free initial consultation.






The skilled personal injury attorneys at Arnold & Smith, PLLC are dedicated to maximizing the financial recovery and obtaining justice for every personal injury client injured by another party’s negligence. The issues our personal injury clients may be facing include, but are not limited to, slip and fall injuries, wrongful death, product liability, catastrophic injuries, dog bite claims, car and truck accident injuries, motorcycle injuries, traumatic brain injury (TBI), nursing home negligence, spinal cord injury, boating accidents, and defective medical device injury. Our personal injury attorneys understand the devastating impact such an injury can have on a person’s life, and that the effects so often go beyond physical pain and suffering. The personal injury attorneys at Arnold & Smith, PLLC are dedicated to helping clients determine the strength of their claims, and to aggressively pursuing the means necessary to achieve the best possible end result for each client’s particular situation.



negligence | Wex | US Law | LII / Legal Information Institute (cornell.edu)

NHTSA | National Highway Traffic Safety Administration


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