Rear-end accidents are some of the most common types of vehicular accidents in the U.S. While they may not sound as dangerous as other types of car crashes, they still carry the potential for devastating injuries, especially for rear drivers, who often assume they are automatically at fault.
That isn’t always the case, however, as leading drivers can be liable for rear-end collisions due to brake checking, reckless lane changes, or driving with broken taillights. We can reconstruct the accident to determine and prove fault and seek compensation from the liable driver.
Call our Fayetteville, AR car accident attorneys at (479) 316-0438 for a free and confidential case assessment.
Is the Rear Driver Automatically at Fault for a Rear-End Collision in Arkansas?
Most people believe car drivers who rear-end the vehicle in front of them are automatically liable for the accident. A driver may fail to keep their distance or make sure they have enough space between their car and the car in front. Under such circumstances, you can make the case that the other car was at fault for the car accident in Arkansas.
However, not every rear-end collision is automatically caused by the car following from behind. There may be situations in which the rear-ended driver may have played a significant role in their crash.
When is the Lead Driver at Fault for a Rear-End Accident?
The lead driver is liable in many instances, so don’t assume you re automatically to blame or apologize for the accident.
Broken Brake Lights
If the lead driver’s brake lights are broken, the rear driver may have no clear indication that they are slowing down, especially during periods of low visibility. Driving with broken taillights is very dangerous and may make the lead driver fully or partially liable for an accident, depending on how close you were following them.
Unsafe Lane Changes
You may have virtually no time to react to another driver suddenly and dangerously merging into your lane of traffic, making the other driver liable for the accident and any injuries you sustain.
Brake Checking
Suppose you are driving your car behind another vehicle on the road. All of a sudden, the driver in front slams their brakes, causing you to rear-end them. In this particular circumstance, the rear-ended driver may be partially liable for the crash. Therefore, you might not be entirely off the hook for the collision. In this case, you would probably share the liability for not keeping a safe distance.
Reversing
Things can be very different if you crash into someone backing out of a parking spot. In this circumstance, the driver backing up is responsible for making sure there is no oncoming traffic. The safety responsibility shifts to the driver in reverse since incoming cars have the right of way. The front driver might be liable if they leave their vehicle parked on a curb or in the middle of the street.
How Do You Prove Fault in a Rear-End Collision in Arkansas?
A rear-end collision victim must prove the defendant’s negligence to obtain compensation. The preponderance of the evidence must show the following elements, and the plaintiff must persuade the court that the defendant was “negligent.”
Duty of Care
The plaintiff may argue that the defendant owed them a duty to drive safely and keep a safe distance between both cars.
Causation
Second, the plaintiff will try to establish that the defendant breached their legal duty by creating a link between the defendant’s “negligence” and the plaintiff’s losses.
Damages
Finally, the plaintiff will try to prove that they suffered lost wages, medical bills, and pain and suffering.
What Are Some of the Most Common Rear-End Accident Injuries in Arkansas?
For many people, rear-end collisions may seem like minor accidents where the only result is a fender bender. However, these accidents can lead to severe – and sometimes deadly – injuries. The following represent some of the most commonly seen injuries in rear-end collisions:
Head Injuries
Head injuries are common in rear-end collisions. When a person gets rear-ended, they can lose control over their body and can hit their head against different parts inside their vehicle. Head injuries, in some cases, can be mild and require minimal recovery time. However, severe head injuries can lead to debilitating, life-threatening conditions. In severe cases, these injuries may require costly medical procedures and continuing medical assistance.
Neck Injuries
Neck injuries are also common in car accidents, especially in rear-end crashes. The most common type of neck injury is known as whiplash. This injury occurs as a result of a sudden, forceful back-and-forth movement of the head. It is also known to cause neck stiffness and pain, tingling sensations in the hands, and numbness in the fingers. This type of injury may take weeks or months to heal fully.
Back Injuries
Back injuries are among the most severe and discomforting injuries any person can sustain in a car accident. A person can suffer debilitating conditions, like quadriplegia and tetraplegia, based on the severity of the damage and the location of the injury. Back injuries can require costly medical procedures such as surgery and continuing medical attention.
FAQs About Fault and Rear-End Accidents in Arkansas
Who is Liable for a Rear-End Accident if My Brakes Fail?
If your brakes suddenly malfunction and stop working, and you cannot slow down despite trying, you may not be liable for a resulting rear-end accident. Instead, you may be able to seek damages from the brake manufacturer.
What if the at-Fault Driver Flees After a Rear-Ender?
If the lead driver keeps driving after a rear-end accident because they know they were negligent — by failing to check their brakes or making an unsafe lane change —call the police. Fleeing the scene of an accident without exchanging information is illegal, and the police may track down the at-fault driver.
Should I Apologize for a Rear-End Accident?
Do not apologize for a rear-end accident if you were the rear driver. The shock of an accident might make you feel compelled to say you are sorry, especially if the other driver is also injured, but doing so can be viewed as you accepting liability.
How Does Comparative Fault Apply to Rear-End Accidents?
A plaintiff can receive compensation proportional to their percentage of liability under Arkansas law. This legal doctrine is known as “comparative fault.” For instance, if the court awards $100,000 to a plaintiff, but she’s found to be 40% negligent, she would receive $60,000 instead. However, if the plaintiff is found to be 50% or more liable for an accident, they may not be able to recover anything.
What Evidence Can You Use to Prove Fault for a Rear-End Accident?
Our lawyers often use the following evidence to prove fault for rear-end accidents in Arkansas:
- Eyewitness statements
- Photos
- Vehicle black box data
- Videos
Who is at fault for a Chain-Reaction Rear-End Accident?
The driver who initiated the chain-reaction rear-end accident will be liable. However, they may share liability with other drivers involved who were also negligent because of speeding or tailgating.
Do You Need an Attorney to Prove Fault for a Rear-End Accident?
Hiring a lawyer after a rear-end accident is especially important if you were the following driver and are presumed liable for the crash. Otherwise, you might accept a lower settlement than you deserve or forgo seeking compensation altogether.
Arkansas Rear-End Accident Attorneys Offering Free Consultations
Call our Fayetteville, AR car accident attorneys at (479) 316-0438 for a free case analysis.