Rear end collisions are among the most common types of car accidents in Connecticut and throughout the United States. Who is at fault in a rear-end collision is a common topic of concern among those who have been in these types of car accidents. It is also the source of misconceptions that can make it difficult to know your legal rights after a crash.
Generally speaking, the rear driver will be found at fault for a rear-end collision. However, liability for the accident is not automatically assigned to the driver of the lead vehicle.
Establishing fault in a rear end crash fault is best left to an experienced attorney. Call The Flood Law Firm at (860) 346-2695 today for a free consultation. We can investigate the circumstances surrounding your rear end accident and help determine who is legally responsible. If you qualify to seek compensation from the at-fault driver or some other party who bears liability, we can fight hard for your rights and interests to increase your financial recovery.
Connecticut Rear End Accident Statistics
The Connecticut Crash Data Repository recorded a total of 71,965 motor vehicle accidents in a recent year. Where the cause of the crash was identifiable, the single largest driver action contributing to accidents was following a vehicle too closely. All told, 14.72% of drivers who caused car accidents (18,861 in total) were tailgating or not leaving enough distance between them and the vehicle in front.
Some of the most dangerous roads in Connecticut for rear end accidents and other vehicle collisions include:
- I-95, I-84, and I-91
- Connecticut State Route 8 - Ansonia-Derby Expressway
- North Avenue - Highway 1
- Merritt Parkway
- Henry Mucci Highway - Highway 25
Additionally, many roads in various cities in Connecticut see a considerable number of car crashes each year. It's important to remain alert and vigilant when driving anywhere in Connecticut to reduce your chances of getting into an accident. If another driver causes an accident that injures you or someone you love, contact a car accident lawyer near you to discuss your case.
What Causes Rear-End Collisions?
Some of the main causes of rear-end collisions include:
- Tailgating: Following too closely behind another vehicle or not leaving adequate space to brake safely if the lead vehicle stops suddenly is a major cause of rear end collisions.
- Distracted driving: Driver inattention due to texting, talking on the phone, eating, or other activities that take their focus off the road can cause a driver not to be able to brake or take evasive action to avoid a crash. Despite Connecticut's laws against texting and driving, many distracted driving accidents occur each year throughout the state.
- Speeding: Driving too fast reduces the time a driver has to react and increases the distance needed to stop safely.
- Sudden stops: When the leading vehicle brakes abruptly, the following vehicle may not have enough time to react and stop, especially if they are tailgating or distracted.
- Poor weather conditions: Slippery roads due to rain, snow, or ice can increase stopping distances and make it harder to control a vehicle, increasing the risk of rear-end collisions.
- Faulty brakes: If a vehicle's brakes are not properly maintained or are defective, it may not be able to stop in time to avoid a collision.
- Impaired driving: Driving under the influence of alcohol, drugs, or medications that cause drowsiness can impair a driver's reaction time and judgment.
- Fatigue: Drowsy driving can slow down a driver's reaction time and increase the risk of not noticing a vehicle stopping ahead.
To prevent rear-end collisions, drivers should maintain a safe following distance, avoid distractions, drive at a safe speed, and be extra cautious in bad weather. Regular vehicle maintenance, including checking brakes, is also essential for reducing the risk of collisions.
When Is the Rear Driver At Fault?
As a rule, drivers who follow too closely or engage in other reckless actions can bear liability for the injuries and damages their actions cause. This is usually the case even when factors outside the driver's control contributed to the crash. For example, heavy rain or snow may reduce a motorist's ability to see taillights, but that driver must still be aware of other cars, adjust speed, and allow extra room between vehicles.
The same rule of thumb applies when a mechanical failure leads to a rear-end collision. Drivers are responsible for maintaining their vehicles, making necessary repairs, and responding to recall notices. If the other driver neglected any of these duties and an accident ensues, the driver in back will likely be found at fault for rear-ending another vehicle. (The manufacturer of a defective part and/or a mechanic or service center that performs negligent repairs may also be held liable in such a situation.)
Prompt investigation is necessary to determine what caused the accident and who is at fault. While the police will be concerned with determining whether any laws were broken, a car accident attorney can identify the liable party or parties and collect evidence to prepare your claim.
Can You Be At Fault for Being Rear-Ended?
Although the driver in the rear is usually at fault for a rear-end collision, there are situations where the driver in front may be wholly or partly to blame. Potential situations where rear-end collision fault may be attributed to the lead driver include:
- Swerving: If a driver merges unexpectedly into your lane, you might not have time to avoid rear-ending the vehicle. The swerving driver may be liable for the accident if issues of inattentiveness, distraction, etc. were involved.
- “Brake check” accidents: Intentionally braking hard without warning in front of another vehicle is a careless and even aggressive maneuver. Although the trailing driver may have been following the car in front too closely at the time, the lead driver will likely be deemed responsible for a rear-end collision caused by brake checking.
- Improper turns: A careless driver may violate the right of way and turn into your lane with no time for you to react. If this happens and a rear-end collision occurs, you may be able to make a claim against the driver who turned in front of you.
- Failure to signal: Turn signals tell other drivers that a vehicle is departing from the current lane. The driver in the rear may not be at fault when a driver fails to signal and/or slows down or stops without warning.
- Non-functioning brake lights: In addition to the failure to use the brakes or turn signals, the driver in front and/or the owner of the vehicle may be held liable for a rear-end collision if the car didn't have working brake lights or turn signals.
- Back-up accidents: Most common in parking lots but still possible in other circumstances, the driver in front will almost always be held liable for backing into another vehicle.
Connecticut is a comparative fault state. Damages for an accident can still be recovered provided you are found to be no more than 50% at fault (see Connecticut General Statutes § 52-572h).
With this in mind, neither the driver in the front nor the driver in the back should automatically assume that they are 100% to blame or totally blameless in a rear-end collision. The evidence may show that one or both motorists are entitled to some amount of compensation.
What Types of Compensation Can I Receive for My Rear End Accident Injuries?
If you suffered injuries in a rear-end accident, you may obtain various types of compensation, depending on the specifics of your case and Connecticut state laws. Here are some common types of compensation:
- Medical expenses: This includes compensation for current and future medical bills related to your injuries, such as hospital stays, surgeries, medications, and rehabilitation.
- Lost wages: If your injuries prevent you from working, you may be eligible for compensation for the income you've lost due to missed work.
- Loss of earning capacity: If your injuries result in a long-term or permanent disability that affects your ability to earn income in the future, you may receive compensation for the reduction in your earning potential.
- Pain and suffering: This type of compensation is for the physical pain and emotional distress caused by your injuries.
- Loss of enjoyment of life: If your injuries prevent you from participating in activities you enjoyed before the accident, you may be compensated for this loss.
- Property damage: You can receive compensation for the cost of repairing or replacing your vehicle and any other personal property damaged in the accident.
It's essential to consult with an experienced personal injury attorney who can evaluate your case, help you understand your rights, and work to secure the compensation you deserve for your rear-end accident injuries.
Determining Rear-End Collision Fault
Determining fault in a rear-end collision typically involves considering several factors. An attorney may use the following strategies to establish liability:
- Reviewing police reports: Police reports often contain initial assessments of fault based on the officers' investigation at the scene, including statements from involved parties and witnesses.
- Analyzing physical evidence: Skid marks, vehicle damage, and debris patterns can provide insight into the circumstances leading to the crash, such as speed, braking, and point of impact.
- Interviewing witnesses: Witnesses can provide valuable testimony about the actions of each driver before and during the collision.
- Examining traffic laws: Attorneys will consider whether either driver violated traffic laws, such as following too closely, speeding, or driving under the influence.
- Investigating driver distractions: Evidence of distracted driving, like cell phone records showing the driver was texting, can help establish fault.
- Consulting experts: Accident reconstruction specialists or other experts may be consulted to analyze the available evidence and provide professional opinions on fault.
An attorney will carefully examine all available evidence to build a strong case for you and negotiate with insurance companies or argue in court to ensure a fair outcome.
Get Help from an Experienced Connecticut Car Accident Attorney Today
Bringing an accident claim after a rear-end collision may be more complicated than you think. The other driver's insurance company will employ a number of tricks to avoid paying what you deserve for your injuries and damages.
At The Flood Law Firm, we investigate immediately and collect evidence thoroughly to establish who is at fault for the accident. Our attorneys can negotiate a favorable settlement or, if necessary, file a lawsuit and take your case to trial.
