Rear-end collisions are among the most common car accidents, but figuring out who’s truly at fault isn’t always straightforward. While many assume the rear driver is automatically to blame, exceptions to this rule can change the outcome of your case. Understanding fault in these situations could be the key to protecting your rights and securing the compensation you deserve. In this article, we will cover everything.
What is the rear-end collision?
A rear-end collision occurs when one vehicle strikes the back of another, often due to the rear driver’s failure to maintain a safe following distance or react to sudden stops. These accidents are among the most common types of car crashes, accounting for 17.9% of all traffic collisions in 2021 and ranking as the third leading cause of motor vehicle deaths that year.
Such accidents frequently happen at intersections, in heavy traffic, or near stop signs, where abrupt braking is common. Rear-end crashes can result from a variety of driving scenarios, each with distinct causes and implications for determining fault. Some common accident cases include:
- Slow Impact Roll: The rear vehicle rolls forward, typically at low speed, and bumps into the vehicle ahead. These incidents often occur in parking lots or during stop-and-go traffic and may result in minimal damage but still carry liability implications.
- High-Speed Crash Into a Stopped Vehicle: A vehicle traveling at high speed crashes into a stationary car at a stoplight or in traffic. The severity of injuries and damages in such scenarios is often significant, with the rear driver typically deemed at fault for failing to stop in time.
- Speed Disparity While Moving: The rear vehicle is traveling faster than the vehicle ahead and collides with it. This scenario is common on highways, where distracted driving or tailgating often plays a role in causing accidents.
- Sudden Stop by the Front Driver: The front driver brakes abruptly without warning, catching the rear driver off guard. While the rear driver is usually presumed at fault, contributing factors like erratic behavior by the front driver could shift some liability.
- Non-Functioning Brake Lights: The front vehicle’s brake lights are out, making it impossible for the rear driver to anticipate the stop. In these cases, the fault may be shared, with the front driver held partially responsible for failing to maintain their vehicle.
Each scenario underscores the importance of analyzing contributing factors, such as road conditions, vehicle maintenance, and driver behavior, to accurately determine fault. Suppose you were injured in a rear-end collision. In that case, understanding who is at fault is essential to pursuing justice and securing the compensation you deserve, starting with knowing which insurance to contact.
Arizona Rear-End Collision Laws
In Arizona, rear-end collisions are governed by fault-based laws, meaning the driver responsible for causing the accident is liable for damages. Under Arizona Revised Statutes §28-701(A), drivers must maintain a safe following distance and operate their vehicles at a reasonable speed to prevent collisions. This often places fault on the rear driver, though exceptions exist, and we’ll cover them later.
Also, Arizona’s pure comparative negligence law allows fault to be divided between parties based on their actions. For example, if the rear driver is 80% at fault while the front driver is 20% to blame for reckless behavior, the front driver’s damages are reduced by 20%.
State reporting laws also apply. Under Arizona Revised Statutes §28-666, accidents involving injuries or fatalities must be reported to law enforcement immediately. Failing to report can lead to fines and complicate the claims process.
What Happens If Someone Rear-Ends You in Arizona, and Whose Insurance Do You Call?
In Arizona, the at-fault driver’s insurance is typically responsible for covering damages in a rear-end collision. If you are rear-ended, you should report the accident to the at-fault driver’s insurer and file a claim, while also notifying your own insurance provider. Failing to do so may complicate your ability to recover compensation if disputes arise.
As a fault-based state, Arizona law requires drivers to carry liability insurance with minimum coverage of $25,000 for bodily injury per person and $15,000 for property damage. Consequently, the at-fault driver’s insurance is typically responsible for covering damages in rear-end accident.
However, if the at-fault driver lacks adequate coverage—or any insurance at all—your own uninsured or underinsured motorist coverage can help bridge the gap. Now, let’s consider the opposite situation—what happens if you rear-end someone?
What Happens If You Rear-End Someone in Arizona?
If you rear-end someone, your liability insurance generally covers the damages to the other driver’s vehicle and any injuries. In Arizona, the rear driver is typically presumed to be at fault in a rear-end crash, as they are responsible for maintaining a safe following distance and reacting to traffic changes. In most cases, Arizona’s minimum coverage requirements apply; however, if your policy limits are exceeded, you may be personally responsible for additional damages. Conversely, if the front driver is underinsured or uninsured, your own UM or UIM coverage can help offset costs if their negligence contributed to the crash.
That said, the presumption of rear driver fault is not absolute. If the front driver stops suddenly without a valid reason, fails to signal, or has non-functioning brake lights, fault may shift partially or entirely to them. Arizona’s pure comparative negligence law allows the fault to be divided based on the actions of each driver, adjusting compensation accordingly. Let’s dive into the specifics of fault determination in rear-end collisions in Arizona.
Who Is at Fault When Rear-Ended?
If you’ve been involved in a rear-end collision, you might assume the rear driver is automatically at fault. While this is true in most cases—because rear drivers are responsible for maintaining a safe following distance and reacting to traffic changes—it’s not always that simple. The specifics of your accident could shift fault, even partially, to the front driver. There are some scenarios when it might happen:
- Brake-Checking: Illegal in all 50 states, this reckless behavior shifts liability to the front driver if it causes a collision.
- Sudden, Unwarranted Stops: Abrupt braking without a valid reason can make the front driver partially or fully liable.
- Swerving: If a front vehicle swerves recklessly into your lane, leaving no time to react, the front driver may bear responsibility.
- Failing to Signal: Changing lanes or turning without signaling creates unnecessary risks, potentially shifting fault to the front driver.
- Improper Turns: Failing to yield the right of way when turning into another lane can make the front driver liable.
- Non-Functioning Brake Lights: Front drivers are responsible for ensuring their brake lights are operational. Malfunctions can reduce or eliminate the rear driver’s liability.
- Weather-Related Conditions: Poor weather like rain, fog, or ice may complicate fault if abrupt actions by the front driver contributed to the crash.
- Chain-Reaction Collisions: In multi-vehicle pileups, liability can be shared among multiple drivers based on their actions leading to the collision.
- Backing Up Accidents: If the front vehicle backs into another, such as in a parking lot, the driver reversing is usually at fault.
This list highlights common scenarios where the front driver’s actions might contribute to a rear-end accident, though it is not exhaustive. In cases where there is fault on the front driver, Arizona’s pure comparative negligence laws allow the fault to be divided based on each party’s responsibility. For example, if you were tailgating but the front driver failed to signal a turn, you might be found 70% at fault while they bear 30%, with your compensation adjusted accordingly. Such cases demonstrate that determining fault in rear-end collisions isn’t always straightforward, making your initial actions after an accident crucial.
What to Do If You are Involved in a Rear-End Collision?
If you’re involved in a rear-end collision, calling the police is often a crucial first step.
- Report an accident to the Police:
In most states, including Arizona and Utah, you are legally required to report an accident to law enforcement if there are injuries, fatalities, or significant property damage. Even if the accident seems minor, filing a police report provides an official record that can be invaluable later if disputes arise. When officers arrive, provide factual information about the incident without admitting fault or making speculative statements. - Notify Insurance Providers:
In addition to notifying the police, report the accident to the at-fault driver’s insurance company promptly. Simultaneously, inform your own insurance provider, even if the other driver is at fault. Many policies require immediate reporting to preserve coverage and assist with claims. Your insurer can guide you through the process, especially if disputes arise about fault or damages. - Gather and Preserve Evidence:
Be prepared to provide evidence to support your claim, including photos of the scene, the police report, repair estimates, and any other relevant documentation. These materials are essential, particularly if the at-fault driver’s insurer offers a low settlement or denies responsibility. - Consult an Attorney:
Engaging an attorney ensures your claim is handled properly and your rights are protected. In states like Arizona, where comparative negligence laws apply, fault may be divided between drivers. If your actions partially contributed to the collision, this could affect the compensation you receive. An experienced car accident attorney can help you navigate these complexities and work to secure a fair settlement.
Taking these steps helps ensure compliance with legal requirements and positions you for a smoother resolution of the incident. Acting promptly can make a significant difference in protecting your interests and achieving the best possible outcome.
If Someone Rear-Ends You, Does Your Insurance Go Up?
Another question you might have is whether your insurance rates could go up after being rear-ended. Even if you weren’t at fault, your premiums could still increase. In Arizona, the at-fault driver’s insurance typically covers damages, which may reduce the likelihood of a rate hike. However, some insurers adjust premiums for not-at-fault accidents, particularly if you’ve filed multiple claims recently or used your own uninsured motorist (UM) or collision coverage.
To protect yourself, report the accident accurately and provide solid evidence, such as photos, police reports, and repair estimates. If you face unfair rate increases or disputes with the at-fault party’s insurer, consulting an experienced attorney can help protect your rights and maximize your compensation.
Should You Get a Lawyer for a Rear-End Car Accident?
Hiring a lawyer for a rear-end car accident is often one of the smartest decisions you can make, especially if injuries, significant damages, or disputes over fault are involved. While rear-end collisions might seem straightforward, complications arise when the other driver contests liability, their insurance company offers a low settlement or unexpected medical expenses emerge after the crash.
The experienced car accident attorneys can guide you through the complexities of Arizona’s fault-based system. For example, if the front driver contributed to the collision by brake-checking or driving with non-functioning brake lights, we can gather crucial evidence—such as dashcam footage, police reports, and witness statements—to argue for shared responsibility under Arizona’s pure comparative negligence law.
The attorney will also handle the stress of dealing with insurance companies. Adjusters often aim to minimize payouts, leaving you under-compensated for medical bills, lost wages, and property damage. Our Phoenix rear-end lawyers negotiate directly with insurers on your behalf, ensuring your case is presented thoroughly and your compensation reflects the full extent of your losses.
If you’ve been involved in a rear-end collision, let us take the burden off your shoulders. We’ll evaluate your case, explain your legal options, and fight to secure the compensation you deserve.