Rear-End Collisions: Where Fault May be Found

Most of the time, a driver who runs into another vehicle from behind is at fault in a rear-end collision. In fact, it is typical for law enforcement officers to determine that the rear driver was driving too close to the vehicle in front. There are some scenarios, however, in which the driver that rear-ends another vehicle is actually not at fault for the crash. There also may be more people involved in a rear-end collision aside from two drivers. Sometimes liability can also be attributed to a pedestrian, poor road conditions, or even other vehicles.

Front Driver Liability

It is possible for the lead, or front, driver to be at fault in a Nevada rear-end crash. Determining who is at fault in a rear-end crash is not easy. There are several scenarios in which the front driver is actually the one at fault in a rear-end collision. The four most common situations when this occurs includes:

  • A driver pulls up too far into an intersection and then backs up to avoid opposing traffic, unexpectedly crashing into the vehicle behind him or her;
  • Front driver maneuvers aggressively, including suddenly braking when not needed or erratically changing lanes, resulting in a wreck;
  • When the front driver’s vehicle has no functioning brake lights, a driver may crash into the car due to having no warning of the stop;
  • When the front driver’s car is stopped because it hit another vehicle, resulting in a pile-up, generally the second vehicle involved in a multi-car crash is found to be at fault for causing the collision. 

Notably, when the front vehicle’s driver suddenly brakes, he or she may be found to be at fault for the crash if the rear vehicle was following at a reasonable distance. Under Nevada law, a driver cannot follow another vehicle more closely than is reasonable. The law does not, however, define what “reasonable” means. 

Determining Fault

Typically whoever violated a traffic law or acted negligently is at fault in a Nevada car accident. In order to recover damages in a Nevada rear-end accident, the injured victim must establish that the at-fault driver — or other negligent parties: 

  • Owed a legal duty to the injured accident victim;
  • Breached the duty owed because of their negligent actions; and
  • The at-fault party’s negligent actions was a significant factor in causing the crash that resulted in injuries. 

Even if law enforcement’s police report states that you were not to blame for the rear-end crash, the other driver’s insurance carrier will try to avoid liability. 

Injuries Suffered

Accident victims suffer all types of injuries as a result of rear-end collisions. The severity of injuries suffered depends on where the victim was sitting in the vehicle, where the cars were located at the time of the crash, and how fast the vehicles were traveling when the impact occurred. The most common Nevada rear-end accident injuries include:

  • Head, neck, and shoulder injuries;
  • Traumatic brain injuries;
  • Bruises, scratches, bumps, cuts, and scrapes;
  • Face and eye injuries;
  • Internal injuries;
  • Soft tissue injuries; and
  • Psychological harm.

Contact Our Attorneys

If you have been hurt in a Nevada accident, contact H&P Law today. Our personal injury lawyers can help you get the monetary compensation you deserve. Call our Henderson or Las Vegas office to schedule your initial case evaluation with our legal team.

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