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Jersey Shore Law Insights

Rear-End Accidents: Is the Rear Driver Always at Fault?

rear-end accidents
July 7, 2016 by Frank Wilton

You may have heard that the driver of the rear vehicle in a rear-end accident is always at fault. While it is true that the rear driver is at fault in the vast majority of rear-end accidents, it certainly not the case that they are always at fault. In New Jersey, if you are seeking to recover compensation from a front or rear driver, you always need to be able to establish that he or she was somehow negligent.

New Jersey has a law that requires drivers to “. . . not follow another vehicle more closely than is reasonable and prudent, having due regard to the speed of the preceding vehicle and the traffic upon, and condition of, the highway.” As a result, if a rear-end accident occurs, it is very likely that the rear driver was in violation of this law, which would mean that the rear driver was driving negligently for the purposes of a personal injury case. There are some cases, however, in which the driver of the car that got rear-ended may be deemed at fault. These situations can include the following:

  • The front driver had malfunctioning brake lights
  • The front driver changed lanes directly in front of another vehicle and without warning
  • The front driver was stopped in a traffic lane without hazard lights
  • The front driver suddenly reverses

Drivers Involved in Rear-End Accidents Should Always Speak with an Attorney

Do not assume that you were at fault for a rear-end accident because you were the driver of the vehicle in the rear. You should always speak with an attorney after any accident, as the fact that the other driver was at fault may not be apparent to you unless you have had legal training. Our lawyers will thoroughly analyze your case and determine whether there is any evidence that tends to indicate that the other driver was at fault for the accident. If there is, you may be able to recover compensation for the economic and non-economic injuries that you have sustained as a result of your accident, including the following:

  • Medical expenses
  • Lost income
  • Property damage
  • Physical and emotional pain and suffering
  • Loss of quality of life

Contact the Wilton Law Firm Today to Determine Whether you have a Claim

If you have been injured in a rear end accident, it is important to speak with an attorney, regardless of whether you were an occupant or driver of the front or rear vehicle. To have a New Jersey car accident attorney review your case for free, call our office today at 732-275-9555 or send us an email through our online contact form.

Free Legal Advice New Jersey

Topics: accident

Written by Frank Wilton

Frank Wilton founded the Wilton Law Firm in 1997 and the firm continues to focus on representing accident victims. In 2003 Mr. Wilton achieved the designation of “Certified Civil Trial Attorney,” a distinction held by approximately two percent of N.J. attorneys.  He has successfully tried numerous negligence cases to conclusion and specializes in automobile, product liability and construction accident cases.  He serves on the Middletown Township planning board and is involved with many community organizations.

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