Who is at Fault For a Rear-End Collision?

car rear-ending another car

A rear-end collision can cause expensive vehicle damage and serious injuries. If you or a loved one were harmed in a rear-end accident, you might have legal options. A York County, PA car accident attorney from our law firm may be able to help you pursue damages.

Who Is Usually to Blame for a Rear-End Collision?

A rear-end accident is odd as far as car accidents go because it may be the only type of accident where one driver is automatically likely to receive blame. The driver who rear-ends another vehicle is usually the one who is held responsible for the accident.

The logic here is that this driver should have been paying more attention. Maybe they were not watching what other cars around them were doing. Perhaps they were not paying attention to traffic conditions. They may have been following another car far too closely. Whatever the case may be, they should have put themselves in a position where they had time to brake before the collision occurred.

When Can Another Driver Be Blamed for a Rear-End Collision?

But what if you were the rear driver and you know that you were not to blame? It is rare, but there are cases when another driver can be held responsible for causing a rear-end collision. It is possible that:

  • The front car encountered a mechanical problem and was not moved over far enough
  • The lead driver is “brake checking” the driver behind them
  • The lead driver’s car does not have properly working brake lights
  • The front car suddenly moves in reverse, hitting the front of the rear car

In scenarios like these, the lead driver could be blamed for a rear-end collision.

How Does Fault Work in a Pennsylvania Car Accident Case?

Pennsylvania uses a modified comparative fault rule. If it cannot be determined that one driver was completely to blame for the accident, the contribution of all drivers involved needs to be carefully investigated.

If you are determined to be more than 50% responsible for the accident, you cannot collect damages. If you are deemed less than 50% responsible, then it will affect your potential payout. For example, if you were found to be 20% responsible for the accident and entitled to $50,000, you would collect $40,000. 20% of your settlement or verdict is shaved off because you were 20% responsible for the accident.

Do I Need a Car Accident Attorney?

If you plan to pursue compensation, having an experienced personal injury lawyer on your side can be valuable. They can calculate fair compensation, handle all communications on your behalf, and defend you from any accusations of fault or wrongdoing.

Schedule a Free Consultation

If you suffered injuries in a rear-end collision and believe that someone else was to blame for the accident, contact Ilkhanoff & Silverstein to schedule your free consultation. We can review your case and do our best to help you secure a settlement that can help you pay your medical bills.

Read Our Latest News and Blogs

  •  Can I Make a Lump-Sum Alimony Payment?Read More
  •  When is Sole Custody Granted in Pennsylvania Divorce Cases?Read More
  •  What Is Retail Theft in Pennsylvania?Read More
  •  Can a Parent Refuse Their Ex-Spouse Visitation Without a Court Order?Read More