Fault in a rear-end automobile accident is not automatic. While the rear driver is often at fault for following too closely or distracted driving, the lead driver can also be at fault. Moreover, another vehicle, pedestrian, or even road conditions may have been a contributing cause of a rear-end collision. Fault in most car accidents is determined by negligence. Under negligence laws, the negligent party is liable for any injuries and damages caused to another. In a rear-end traffic collision, a negligent driver is liable to any injured drivers or passengers. In order to recover damages after an injury accident, the injury victims generally need to show the defendant was negligent. The elements for negligence require showing: The defendant owed the victim a duty of care; The defendant breached that duty of care through negligence; and The defendant's negligence was a substantial factor in causing the victim's injuries or death.