There is an assumption that people who crash into others from the back are always at fault for those accidents. While it's true many rear-end collisions are caused by the driver in back following too closely or not paying attention, sometimes the driver in front is actually the one responsible for the collision. Here are some scenarios where this may occur and how a rear-end crash caused by the front vehicle may play out in court.
When the Front Driver Is at Fault
The reason why the blame for a rear-end accident is often pinned on the rear-following driver is because drivers have a duty to stay a safe distance from the vehicles in front of them. This ensures the driver in back has enough time to react to sudden changes that may occur with the vehicle in front of them and stop the vehicle safely if need be.
However, drivers also have a duty to ensure the equipment on their vehicles is working properly. One way a person in front can cause a rear-end accident is by failing to ensure their brake lights are function. If the brakes lights don't flash indicating the vehicle is about to stop, the driver behind the car may not realize what is happening until it is too late for them to stop, resulting in a collision.
Improper merging can also result in rear-end crashes. A common scenario is when a driver abruptly changes lanes without using his or her signal light. If the driver changing lanes doesn't ensure there's adequate distance between his or her car and the vehicle following, then the driver in back may not have enough time to react to suddenly having a vehicle in front and may accidently plow into the person, especially if the front vehicle abruptly slows down for some reason.
Possible Outcome of Court Case
When the driver in front causes a rear-end collision, two possible outcomes may occur in the resulting lawsuit. The individual may be found wholly liable; in which case, the person would be responsible for paying 100 percent of the damages ordered by the court. Alternatively, the front driver may be found only partially liable for the accident. If there was some way you could have avoided hitting the individual's vehicle, the court will typically also hold you responsible for the incident.
However, the amount of liability may differ. For instance, the court may find the defendant to be 80 percent liable for the accident and place 20 percent of the blame on you. Whether or not you'll be able to collect compensation for damages in this situation depends on if you live in a state that uses the comparative or contributory negligence model of assessing damages.
In states that use the comparative negligence model, the defendant would only have to pay the amount of damages that correlates with the percentage of liability assigned to him or her (e.g. only 80 percent of what you're asking for). The money associated with the percentage of liability assigned to you is simply a loss you'll be expected to absorb.
In states that use the contributory negligence model (or the modified comparative negligence model), if the percentage of liability assigned to you reaches a certain level, you'll be barred from collecting any compensation at all. For instance, you won't get any money for your losses in Colorado if you're found 50 percent liable for the accident.
Rear-end accidents can be tricky to litigate, so you should consult with an auto accident attorney for assistance with making the right choices that can help you achieve the outcome you want. Visit a site like http://www.grdlaw.com/ to find a lawyer.
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