Who’s At Fault in a Rear-End Accident?

March 3, 2022

Understanding important facts about rear-end accidents, like who is at fault, can keep you safe on the road and help save you money when dealing with insurance claims. If you discover yourself at fault in a rear-end accident, the De Castroverde Law Group – Accident & Injury attorneys of Henderson, Nevada, will work hard to help you handle any resulting fees and provide you with expert legal advice. If you’ve just been involved in an accident please use our step-by-step guide here.

What Is a Rear-end Accident?

A rear-end accident or collision is a common type of car accident in Nevada. They usually involve one vehicle crashing into another directly in front of it. Tailgating, which is the act of following another vehicle too closely, is a common cause of rear-end accidents. Sometimes, however, the car driving head causes the collision instead.

Affected drivers and passengers often sustain serious injuries that require specific types of auto insurance claims. If an insurance company deems one party negligent, or at fault, during a claim process for a rear-end accident, they may have to pay sums of money to cover the other party’s repair or medical expenses.

Who Is at Fault for Rear-end Accidents in Nevada?

Below are descriptions of when different drivers and other factors are at fault for a rear-end collision. While it is more common for the rear driver to be at fault in a rear-end collision, sometimes the front driver can cause the accident and be at fault. A driver that is completely at fault is one who causes the accident with their own driving, with no contributing factors.

In Nevada, it is possible for drivers to be partially at fault for a rear-end collision. This means that both of the drivers in an accident share the blame, with percentages being determined by lawyers. For example, if a rear driver is speeding, and a front driver cuts in front of them with no warning and a collision occurs, both drivers may share responsibility for the accident.

Reasons the Front Driver May Be at Fault

There are a lot of common misconceptions about being the front driver in a fender bender. There are more than a couple of reasons why the front driver may be at fault, they include:

Cutting off a rear driver without signaling and having enough space.
Changing lanes without sufficient warning.
Hitting the brakes instead of the accelerator by accident.
Knowingly driving a car with defective brakes.
Reversing the car by accident.
Reversing the car while sitting in traffic.
Having broken reverse or braking lights.
Failing to turn on the hazard lights if the car stalls.
Stopping without warning or good reason.
Failing to move the failing/stalled car out of the roadway in a timely manner.

Reasons the Rear Driver May Be at Fault

The more commonly known rear driver at fault. Reasons for the rear driver in a car accident being at fault can include but is not limited to:

Tailgating the vehicle in front.
Driving while distracted from texting or similar activity.
Driving under the influence of alcohol or drugs.
Having road rage, which is violent anger caused by the stress of driving in hard conditions.
Aggressive driving such as making unexpected turns or preventing people from merging onto an interstate.
Speeding on the road involves driving one or more miles per hour above the posted speed limit.
Driving a vehicle with damaged brakes or other mechanical problems that the driver knew about previously.

Reasons a Third Party May Be at Fault

While third parties aren’t often the entire cause of an accident, they are often a contributing factor. Different systems may be partially at fault for the rear-end collision for various reasons. For example, a car may have manufacturing defects, meaning its automobile company may be at fault. If an accident occurs on a poorly maintained road, the local government can be at fault for failing to maintain infrastructure. Hazardous driving conditions can also complicate an insurance claim process, as they’re beyond the control of a driver.

Common Evidence That Shows Who Is at Fault

When a personal injury occurs because of a rear-end collision, a car accident victim can file a negligence lawsuit. In these cases, the experts of De Castroverde can review evidence, such as eyewitness testimonies, smartphone video recordings, and police reports. They may also evaluate video surveillance from traffic cameras and testimony from crash recreation professionals who work backward to understand how an accident happened. De Castroverde can also examine your medical records and any testimony from medical experts who can verify the circumstances of your case.

What Happens if I Am at Fault?

Regardless of whether you believe you’re at fault, you should never accept fault for an accident when it occurs. Instead, trade insurance information with the other driver involved so your agent and theirs can communicate. If legal proceedings become necessary, this step also lets them convey details about the process and inform you of any upcoming meetings. If you experienced a major collision event, be sure to move to a safe area to exchange this information and remain there to wait for emergency services.

If you’re at fault, it’s possible you might owe money to the other driver to cover certain expenses or financial losses. Having clear communication with your insurance agent can help you best understand these results. Payments you may be responsible for in Nevada include medical bills, lost wages, lost earning capacity, pain and suffering, and property damage to the vehicle. The personal injury lawyers at De Castroverde will work hard to determine who is at fault for an accident and will support you during the process.

What Happens if I Am Not at Fault?

If you’re not at fault for the rear-end accident, then you can file a negligence lawsuit, which is a legal motion to assign fault to another driver because of their risky driving behavior. You can use the results to cover expenses caused by the accident. These expenses include medical bills, pain, and suffering, lost wages because of hospital time, lost earning capacity because of prolonged injuries, permanent disability, and property damage caused by the accident. To ensure you receive the right financial support, it’s important that an insurance company and your lawyer determine who’s at fault for the accident.

Does a Rear-end Accident Affect My Insurance?

Some rear-end accidents may cause your insurance costs to increase. This is especially true if you’re found at fault for the rear-end accident. In some cases, your insurance company can offer you a way to pay settlement fees with the other accident victim to streamline the claim process. Contacting your insurance company directly is often the best way to get in-depth information about the long-term effects of a rear-end accident.

Contact De Castroverde Law Group for Help Today

Here at the De Castroverde Law Group – Accident & Injury firm, we are a team of experienced legal professionals who can give you the advice and support you need. If you recently experienced a rear-end car accident and you’re wondering who’s at fault, we are here to help you find an accurate answer so you can move forward in your life as quickly as possible. For more information, you can call us at 702-919-6118, or schedule a free case evaluation online today.