People sometimes say that the rear driver is guaranteed to be at fault in a car accident. In fact, this is the basis for some auto accident scams. People will back into other vehicles and then claim that the other driver rear-ended them. They think that the car in the back is always at fault, so they believe the scam will work.
But it’s not just scammers who repeat this. Plenty of people who just get rear-ended in traffic assume that the other driver is automatically responsible.
In reality, the authorities are interested in whose negligence caused the car accident. It does not matter if that driver was in front or back. Whichever driver was negligent is the one who should be liable for costs stemming from that accident – medical bills, lost wages, etc. The negligent party could be in either car.
Why do people spread this myth?
People often say that the rear driver is at fault because drivers do have an obligation to maintain a safe following distance. Many rear-end accidents happen because the gap between cars is too small. Even if something unexpected happens – like a dog running into the road, causing drives to slam on the brakes – the rear driver always needs to have a large enough gap that they can react and avoid a crash.
As such, the rear driver is often at fault for tailgating or following too closely. But it’s also possible for the front driver to be at fault if they acted negligently – such as if they tried to “brake check” the rear driver.
If you have been injured due to someone else’s negligence on the road, you need to know how to seek compensation.