If You Rear End Someone is It Always Your Fault?
If you rear ended another driver, you are certainly not alone. Rear end collisions are among the most common types of car accidents in Las Vegas. According to a report from the National Highway Traffic Safety Administration (NHTSA), rear end crashes account for nearly 30 percent of all traffic accidents in the United States.
Following this type of accident, you may feel like you are simply out of luck. After all, a driver who rear ends another vehicle is at fault for the crash, right? No, not necessarily. While many people incorrectly assume that the second driver is automatically at fault, the reality is that the lead driver, and other parties, can also be held responsible for a rear end collision. In this article, our top-rated Las Vegas rear end accident attorneysexplain what drivers need to know about rear end collisions and fault in Nevada.
Rear End Accident Fault: A Rebuttable Presumption
Nevada is a fault-based motor vehicle accident jurisdiction. Under our state’s comparative negligence statute, motorists are held legally liable in direct proportion to their level of fault for a collision. For instance, a driver who is found to be at fault for 100 percent of a crash will be held financially responsible for 100 percent of the resulting damages. In contrast, a driver who is found to be at fault for 60 percent of a crash will only be held liable for 60 percent of the damages.
In rear end collision cases, it is generally presumed that the rear driver is the one who is at fault for causing the accident. The reason for this is relatively simple: most rear end collisions are, in fact, the fault of the rear driver. The NHTSA rear end accident causation study found that the majority of rear end collisions actually occur when the front vehicle is not even moving. Most often, rear drivers hit the car in front of them because:
- They were distracted;
- They were speeding; and/or
- They were following too closely.
That being said, rear drivers are not automatically at fault for the collision. With evidence, they can rebut the general presumption that they caused the crash. For this reason, all auto accident claims must be reviewed on a case-by-case basis. The lead driver — and other parties — can be legally liable if the evidence indicates that they acted in a negligent manner and that negligence contributed to the wreck.
There are a number of different scenarios in which the lead driver must be held at fault for a rear end accident. As an example, if a driver accidentally pulled out into an intersection, and then put their car in reverse to get out of the way, it is likely their fault if they get hit from behind. It is unreasonable for the other driver to expect them to suddenly back up. Similarly, aggressive driving by the lead vehicle, such as an erratic lane change or sudden and unnecessary braking could be sufficient to hold the lead driver at fault. Finally, if the lead car has broken brake lights, the rear driver may not be at fault for the crash.
How Our Las Vegas Auto Accident Lawyers Can Help
If you were involved in a rear end collision and you are in a dispute over fault, it is crucial that you seek guidance from an experienced professional. At Naqvi Injury Law, our Las Vegas rear end accident lawyers have a proven record of successful results. You should not be made to pay for someone else’s negligence.
We will conduct a comprehensive investigation of your accident — gathering all relevant evidence needed to protect your rights and prove fault in your case. Our Nevada auto accident lawyers are prepared to fight aggressively to help you hold the negligent driver responsible for the crash. If you rear ended another vehicle and you believe that you were not at fault for the collision, you should contact our law firm today.
Were You Involved in a Rear End Collision in Las Vegas, Nevada?
Our legal team is here to help. At Naqvi Injury Law, our skilled Las Vegas auto accident lawyers have extensive experience handling all types of rear end collision claims. If you or your family member was hurt in a rear end accident, please do not hesitate to contact our legal team to schedule a free, no obligation initial consultation. We handle the full range of personal injury claims in Las Vegas and in the surrounding communities in Clark County.