Rear-End Collisions – Who’s at Fault?
The holiday season is upon us, and forecasters are predicting the upcoming holiday weekend to be among the busiest weekends in history. AAA expects a total of 112.5 million people to travel this holiday season, up 4.4 percent from last year. Due to lower gas prices, it is predicted that nearly 102 million of those people will be traveling via car. Unfortunately, with more cars on the road, more accidents are likely.
Rear-end collisions are by far the most common form of collision in the United States. When traffic increases, the number of rear-end collisions also increases. Knowing who is typically at fault for a rear-end collision can help drivers avoid being involved in a collision in the first place.
In first determining who is at fault for a rear-end collision it is important to first know that New Jersey is a “comparative negligence” jurisdiction. This means that each driver in a motor vehicle accident can be found liable for a percentage of the accident. However, when it comes to rear-end collisions, the percentage of negligence is often easily determined.
Typically, the rear-most driver in a rear-end collision will be found fully liable for causing the accident. This assumption is based on the premise that every driver should leave enough space between themselves and the vehicle in front of them in order to come to a complete stop. It is recommended that drivers leave one car length for every 10 miles per hour of speed. Because most drivers don’t adhere to this rule, rear-end collisions are common.
Although the rear-most driver is typically responsible, there are situations where the vehicles in front can be found to have contributed to the accident. These situations include when a driver cuts off the vehicle in front of them or when a vehicle comes to a sudden stop. Still, in these situations, the rear-most driver is still responsible for attempting to avoid the accident in any way possible.
If you or a loved one has been involved in a rear-end collision, contact an experienced New Jersey auto accident lawyer that may assist you in analyzing the liability of drivers and help you in receiving the compensation you deserve. The attorneys at the Rinaldo Law Group LLC are skilled New Jersey motor vehicle accident lawyers, who will fight for the compensation you deserve. For more information or to schedule a free initial consultation with our New Jersey motor vehicle accident lawyers, call (908) 352-2500 or fill out our contact form.