In many rear-end accidents, people say that it is the following driver who is at fault. There are even those who say that the driver is always at fault, regardless of the specifics of the accident.
This is not necessarily always true. For instance, a driver who intentionally slams on the brakes and causes an accident could be liable for this negligent action, even if they were further ahead on the road. But in general, it is the following driver who is responsible for a rear-end crash.
Maintaining a safe following distance
The reason that the rear driver is normally at fault is that everyone has an obligation to maintain a safe following distance. They need to determine how much space they need to stop safely. Even if the vehicle ahead of them stops unexpectedly—such as if the driver slams on the brakes because there is a pet in the road—the driver behind them needs to be far enough back that they don’t rear-end that vehicle. Failure to maintain a proper following distance can result in liability if an accident occurs.
It’s also important for drivers to remember that they have to adjust their following distance based on a variety of factors. They need a greater buffer at higher speeds, for instance. They may need to increase their following distance if there is low visibility or slick roads.
Unfortunately, many people tailgate accidentally on a consistent basis, and they almost never have a safe following distance. They may do this day after day, and they feel like it works—until it doesn’t. If you’ve been injured in an accident caused by one of these drivers, you need to know how to seek financial compensation.