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(314) 500-HURTIt’s a belief that’s ubiquitous among drivers: in a rear-end collision, the driver in the back is
always at fault. But is it actually true?
Unfortunately, no. There are instances where the driver that rear ends another vehicle isn’t at fault. Telling the
difference can be tricky, even with a car accident
attorney at your side.
To understand fault in auto accidents cases, one first has to understand negligence.
Negligence is when an individual’s conduct demonstrates a level of attention and care below that of a reasonable person.
An individual can be deemed negligent if the accident could have been prevented by actions that a reasonable person
would have taken, but the individual did not.
In the case of a rear-end collision, either driver involved can prove that the other was negligent, especially with the
help of a good car accident attorney. All drivers are responsible for a certain level of care when
operating a motor vehicle. Either party in a collision can breach that duty in several ways.
Either driver may have failed to watch the road for hazards and stop in a reasonable amount of time. Either driver may
also have failed to maintain a reasonable speed or lost control at the vehicle. Drivers in front may be held responsible
if they failed to yield to the right of way or neglected to use turn signals, and the following driver would be
responsible if they didn’t follow at a safe distance.
The driver that rear-ends the vehicle will almost always be considered partially at fault because of the responsibility
to follow at a safe distance. However, if the driver in front reverses or stops suddenly, has faulty brake lights or
fails to pull over in the event of vehicle failure, they may be considered negligence as well. These cases are harder to
prove and usually require a good car accident lawyer.
Once the instance of negligence has been determined, the driver must prove that the other driver’s negligence caused the
accident. Then they have to prove that the accident left them with significant damages that merit reimbursement.
If you’re rear-ended in a semi truck accident, it opens up a whole new set of complications best left to a truck accident attorney. Even though recent
truck accidents have caused nearly 4,000 deaths each year, and only 10% of trucks on the road are
equipped with active safety technology, the large corporations behind truckers can complicate lawsuits against
individual drivers. Truck accident lawyers have more experience navigating these tricky waters and can
help you get the settlement you deserve.
Founder | Injury Attorney
Gary Burger has dedicated his career to standing up against bullies. The founder and principal attorney of Burger Law | St. Louis Personal Injury Lawyer has helped hundreds of Missouri and Illinois individuals and families recover th …
Years of experience: 30 years
Location: St. Louis, MO
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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Gary Burger who has more than 30 years of legal experience as a practicing personal injury trial attorney. Gary’s robust legal knowledge is recognized by his peers as demonstrated by his industry awards and frequent Continuing Legal Education (CLE) lectures.
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