In most rear-end crashes, the legal responsibility for the car accident falls on the driver in the back, as the law expects drivers to maintain a safe distance and stay attentive to changing traffic patterns. When they fail to do so—by following too closely, texting, or braking too late—they typically assume liability. However, the situation is not always so straightforward.
How Should You Respond Right After a Rear-End Crash?
First, move any vehicles out of traffic if possible, then call 911 to report the crash. Photograph all injuries, skid marks, and the surrounding scene. Collect names and contact information from witnesses, and exchange insurance details with the other driver. Even if you feel fine, visit a doctor as soon as you can; symptoms like whiplash or internal bruising often appear days later, and a doctor can help you catch them early.
Are There Situations Where the Lead Driver Shares Fault?
Yes. If the front driver stops erratically without warning—such as by slamming on the brakes for no clear reason—or fails to use taillights or brake lights properly, they may share in the blame. If their brake lights do not work or if they make sudden lane changes that catch the trailing driver off guard, the state’s “comparative negligence” rules can split responsibility between both drivers.
What Role Do Road Conditions and Vehicle Defects Play?
Road hazards, like potholes, slick pavement, or an unexpected obstruction, can force sudden stops. While these factors alone do not automatically shift liability, they do complicate the picture and may involve additional parties, such as a municipality responsible for road upkeep.
Can Multiple Parties Be Held Accountable?
Absolutely. Beyond the drivers, other entities can share liability:
- Vehicle manufacturers, in cases of defective parts that contributed to the crash
- Repair shops, if vehicle maintenance failures played a role
- Government agencies, when dangerous road conditions go unaddressed
If your case addresses these as potentially responsible parties, you can increase your odds of securing fair damages.
Why Is Insurance Investigation Not Enough?
Although insurance adjusters will investigate, their primary goal is to limit payouts. They may downplay or challenge your injuries, or argue that you shared the blame in the crash and therefore deserve less compensation.
What Compensation Can Victims Recover?
An injured driver may pursue:
- Medical expenses, including future care
- Lost wages for time away from work
- Property damage to repair or replace the vehicle
- Pain and suffering for ongoing discomfort or disability
- Loss of enjoyment of life when hobbies or daily activities are curtailed
Make sure to accurately document all losses and costs related to your accident, as this will help you receive the full amount of compensation that you need.
Get Peace of Mind With the Atlantic County Car Accident Lawyers at D’Amato Law Firm After Your Car Crash
The Atlantic City car accident lawyers at D’Amato Law Firm have built a strong reputation for maximizing client recoveries. If you have suffered an injury in a rear-end collision, call us today at 609-926-3300 or fill out our online form for a free consultation. Located in Egg Harbor Township, New Jersey, we proudly serve clients in the surrounding areas.