Rear-end collisions are among the most common types of collisions. While they might seem straightforward, liability for rear-end crashes can be more complicated than you might anticipate, so get our help determining fault.
Typically, the rear driver is liable for a rear-end accident. They are not automatically at fault, however, and the lead driver might be partially or fully at fault for brake-checking or other reckless behavior. Car manufacturers can also be liable for rear-end accidents when brakes or other internal mechanisms fail. If you sustain serious injuries in a New Jersey rear-end accident, you can seek compensation from the at-fault driver.
For a free case evaluation from our New Jersey car accident lawyers, call Agrapidis & Maroules, P.C. at (551) 525-6465 today.
Who Can Be Liable for Rear-End Crashes in New Jersey?
A few different parties might bear liability for rear-end crashes, including the rear driver, the lead driver, or even a vehicle manufacturer. Fault can also be shared among the involved parties.
Rear Driver
Often, though not always, the rear driver is at fault for a rear-end collision. These collisions often happen because of distracted driving, following too closely, speeding, and drunk driving. Drivers have a duty to maintain a safe distance between their vehicle and the car in front of them. Not leaving enough room to stop safely can make the following driver liable for a rear-end collision.
Some rear-end accidents are chain-reaction accidents, and liability could be shared among multiple rear drivers who contributed to the collision by following lead vehicles too closely.
Lead Driver
The lead driver in a rear-end crash is not immune to liability. While the rear driver is typically at fault, the lead driver can also be liable for an accident for brake checking. Brake checking is an aggressive and reckless response by drivers who feel another driver is following them too closely, whether that is the case or not. The negligent driver slams on their brakes without warning, knowing the rear driver won’t have enough room to stop safely.
In these scenarios, fault may be shared among both parties involved if the rear driver was tailgating when the lead driver checked their brakes.
Car Manufacturer
Rear-end accidents can also occur due to faulty brakes. If you were the rear driver and your brakes suddenly failed due to a design or production defect, you may be able to hold the vehicle manufacturer liable for the accident and your damages.
What if You Share Fault for a Rear-End Crash in New Jersey?
Sharing fault for a rear-end crash in New Jersey doesn’t necessarily preclude you from getting compensation, so you should still see whether you have a case with our attorneys. Do not assume you are at fault or cannot sue, just because you were the rear driver in a rear-end accident.
50% or Less at Fault
Under New Jersey’s modified comparative fault rule, you can share up to 50% of the fault for an accident and still recover some damages. Your recovery may be reduced proportionally to your contribution, however, meaning you recover fewer damages the more liable you are.
If your contribution is minimal, you may recover most of your damages after a rear-end accident.
Over 50% at Fault
Being over 50% at fault for a rear-end accident blocks you from getting compensation for your injuries in New Jersey. Refrain from apologizing at the scene for hitting your brakes with little warning if you are the lead driver or following too closely if you are the rear driver. Apologizing can be misconstrued as you accepting more liability than you should, and could negatively affect your case and recovery.
FAQs About Fault + Liability for Rear-End Crashes in New Jersey?
Is the Rear Driver Automatically at Fault for a Rear-End Accident?
The rear driver is often at fault in a rear-end accident, but not always. Liability can also be shared among several drivers involved in a chain-reaction rear-end accident who were all following one another too closely, speeding, or otherwise being negligent.
How Do No-Fault Rules in New Jersey Affect Rear-End Accidents?
New Jersey is a choice no-fault state for auto accidents. If you have the limitation on the lawsuit option for personal injury protection insurance, you may only sue for additional damages after a collision if you also sustained serious injuries. If you have the no limitation on lawsuit option for your car insurance, you can sue after a rear-end accident for any injury.
Can You Sustain a Serious Injury in a Rear-End Accident?
Rear-end accidents can be just as devastating as almost any other collision, and could cause death, dismemberment, significant disfigurement or significant scarring, displaced fractures, miscarriage, or another permanent injury, all of which pass the serious injury threshold for auto accidents.
What Evidence Proves Liability for a Rear-End Crash?
Evidence that our New Jersey personal injury lawyers can use to determine and prove liability for a recent rear-end collision includes photographs, accident reconstruction, event data recorder information from all involved vehicles, eyewitness testimony, and video footage.
Do You Need a Lawyer to Prove Fault for a Rear-End Crash?
Rear-end accidents are not always as cut-and-dry as victims anticipate, and you still need a lawyer’s help to establish liability and get compensation from the liable party, even if it seems like a straightforward collision.
How Long Does a Negligent Driver Remain Liable for a Rear-End Crash?
Generally, drivers remain liable for accidents they cause for up to 2 years. If the driver left the state or injured you as a minor, the accrual date for the statute of limitations may be delayed, possibly giving you more time than you anticipated to seek compensatory damages.
Get Compensation After a Rear-End Crash in New Jersey with Our Help
Call the Bayonne, NJ car accident lawyers of Agrapidis & Maroules, P.C. at (551) 525-6465 for a free case assessment.