Fault in a rear-end accident is generally attributed to the vehicle in the back that actually struck the rear of the front vehicle. Sometimes, the driver in front does suddenly brake or slow down prior to a rear-end collision, and you may wonder why that driver is not considered to be at fault. This is because a driver is expected to pay attention and follow at a safe enough distance that he or she will have plenty of time to stop if the car in front of them suddenly hits the brakes. If a rear-end collision occurs, it is often assumed that one of the following is true of the rear driver:
Driving while texting or otherwise distracted
Following too closely
Speeding
Driving while impaired
Though the rear driver is generally presumed to be responsible, there are other parties who may act negligently and cause a rear-end accident. For example, if the front driver did not have properly functioning brake lights, the rear driver would have no indication that they needed to slow down or stop. Additionally, if faulty brakes, tires, or other auto parts caused the collision, the auto parts manufacturer can be held responsible due to the negligent sale of defective products.
Finally, sometimes more than one party is at fault in a rear-end accident. Even if you were partially at fault, however, you may still be able to partially recover for your losses under Pennsylvania’s comparative negligence law.[4] For this reason, it is always a good idea to consult with an auto accident attorney even if you believe you partially contributed to the accident.