Were you recently rear-ended and were injured in the accident? Or were you the rear-ending vehicle, but you believe the car you hit was at fault for the accident? If either of these applies, please read on and reach out to an NYC personal injury lawyer from The Law Office of Richard M. Kenny to learn more about who is generally at fault for rear-end collisions, as well as some exceptions, and how we can help if you’ve been hurt. Here are some of the questions you may have:

What is the general rule concerning rear-end collisions?

Generally speaking, the rear-ending driver, meaning the driver that hits the car in front of them, is considered at fault.

When may a driver not be at fault for a rear-end collision?

There are some situations where the rear-ending driver is not liable for the crash and may be able to recover compensation from the other driver or a third party. Here are some possible exceptions for a rear-ending driver being at fault for an accident:

• The front driver reversed into you. If the front driver suddenly put their vehicle in reverse and backed into you, they may be responsible for the collision. This could happen in parking lots, driveways, or intersections.
• The front driver cut you off. If the front driver changed lanes abruptly and left you with no time or space to avoid hitting them, they may be liable for the accident. This could happen on highways, freeways, or busy roads.
• The front driver had faulty brake lights. If the front driver’s brake lights were not working properly and you could not tell when they were slowing down or stopping, they may be negligent for the crash. This could happen at night, in bad weather, or in low-visibility conditions.
• The front driver brake-checked you. If the front driver intentionally slammed on their brakes to make you hit them, they may be guilty of road rage or insurance fraud. This could happen in traffic jams, road disputes, or as a prank.
• The rear driver had defective brakes. If the rear driver’s brakes failed or malfunctioned and they could not stop their vehicle in time, they may not be at fault for the accident. This could happen due to a manufacturing defect, poor maintenance, or wear and tear.

These are just some examples of exceptions for a rear-ending driver being at fault for an accident. There may be other factors that affect liability, such as speed, weather, road conditions, witnesses, or evidence. If you were involved in a rear-end collision, you should consult with a personal injury lawyer who can help you determine who is at fault and what damages you can claim.

CONTACT OUR EXPERIENCED NEW YORK CITY FIRM