Who is Responsible for a Rear End Accident?

If you are injured in a rear-end accident, you may wonder who is responsible for paying the medical bills, vehicle repair costs, and other expenses associated with the accident. In Wisconsin, the negligent driver is liable for damages. However, sometimes it is unclear who is at fault for an accident. How is fault determined in a rear-end accident, and what happens if you are the one at fault?

Which driver is responsible in a rear-end collision?

The rear driver is generally always at fault. However, issues often arise as to which rear vehicle is responsible in a multi-vehicle accident. If there were two separate impacts, for example, then there may a dispute as to which rear driver caused the accident. When the rear-most vehicle hits the vehicle in front of it and pushes the middle vehicle into the foremost vehicle, then only the rear-most vehicle is responsible for the accident. In other situations in which three or more cars are involved in a rear end accident, the front vehicle may need to file a claim against all rear vehicles.

What are some common causes of a rear-end collision?

Rear-end collisions occur when drivers are distracted, speeding, or following too closely. Weather or other hazardous road conditions or obstructions such as construction or wildlife can also contribute to accidents, including rear-end collisions. Faulty brake lights or not using a vehicle’s hazard lights when there is a problem can also cause accidents. Other common causes of rear-end collisions include erratic driving or sudden maneuvers like slamming on the breaks, switching the car from drive into reverse, or making an incomplete turn.

Who is responsible for a multi-car, rear-end accident?

Often, multi-car accidents mean multiple drivers are at fault. Any drivers who contributed to the collision by following too closely, speeding, driving distracted or any other negligent behaviors may share responsibility when involved in a multi-car accident.  Multi-vehicle accidents can become complicated as to determining which rear vehicle caused damages.  For example, in a three vehicle rear-end accident, the front-most vehicle may need to file a claim against one or both rear vehicles.

What should you do after a rear-end collision?

After an accident, you should seek immediate medical attention even if you do not have any obvious injuries. Some serious injuries, such as concussions or soft tissue damage, may not have any immediate symptoms but carry long-term consequences. Seek a medical evaluation, contact the police for an accident report, and contact your insurance company.

After you tend to your injuries - which is always most important - there are a few other steps you should take. Make sure to document everything you can about the accident, from the weather and road conditions to witness contact information. While it may seem excessive, taking these steps will ensure you have the evidence you need in the event of a lawsuit.  Fault is typically determined through witness and officer statements, so be sure to speak with everyone who was at or near the scene and may have witnessed how the accident unfolded.

Second, make sure you capture photographic evidence of the accident scene, focusing on items like the position of the vehicles, tire skid marks, your injuries, and any property damage. While you may think that you’ll remember, memories fade. Be sure to capture the evidence while it exists. 

What damages can you recover after a rear-end collision?

Rear-end collisions can result in serious injuries including whiplash, neck injuries, back injuries, and even traumatic head injuries. These injuries often require costly, long-term medical treatment which can also lead to lost wages, pain and suffering, and emotional distress on top of property damage to the involved vehicle. Fortunately, if you are injured in a rear-end collision, you can recover damages for all these things from the negligent driver.