Rear-end accidents are some of the most common types of collisions in New Jersey. There is a common misconception that the driver behind is automatically liable, regardless of the circumstances. However, that is not always the case. While the trailing driver is often presumed to be at fault, rear-end accidents are not always so straightforward. For more information and to secure the help of a skilled legal professional, continue reading and contact a Monmouth County rear-end accident lawyer today.
Are Rear-End Accidents Always the Trailing Driver’s Fault in NJ?
Generally, the law in New Jersey presumes that the trailing driver is at fault in a rear-end collision. This is because all drivers have a duty to maintain a safe following distance and be attentive enough to stop if the car ahead slows or stops suddenly.
However, this is a rebuttable presumption, meaning it is not absolute. There are several situations where the lead driver, or even a third party, may be found partially or entirely responsible. However, these exceptions require a thorough investigation to prove negligence on the part of the lead driver.
When is a Trailing Driver Not Liable for a Rear-End Accident?
Although the trailing driver is often blamed for a rear-end accident, liability can shift or be shared when there is evidence that the lead driver or another party acted negligently or created an unavoidable hazard.
If the lead driver intentionally brakes too hard to cause a collision or for no legitimate reason, they could be held responsible for the accident. Additionally, a lead driver who cuts into a lane too closely could create a situation where it is impossible for the trailing driver to avoid a crash.
Another cause of rear-end collisions that can result in the lead driver being held responsible is broken brake lights. If the driver’s brake lights were not working properly, the rear driver may not have had proper warning that they were slowing down or stopping. It is each driver’s responsibility to maintain their vehicle, so this could lead to shared liability if proven.
How Does Comparative Negligence Fit Into These Situations?
In rear-end accidents where the trailing driver is not 100% liable, comparative negligence usually comes into play. New Jersey operates under a modified comparative negligence system, meaning that multiple parties can share a portion of the blame for a collision.
Take the above example of malfunctioning brake lights, for example. If the lead driver knew or should have known that their brake lights were not working and failed to take action to fix the issue, they could be found partially responsible for the collision. However, the trailing driver still has a legal obligation to pay attention and leave enough stopping distance between cars. If they were also following too closely, both parties could be found somewhat liable.
If you were involved in a rear-end accident, do not hesitate to contact an experienced attorney at Falcon Law Firm, LLC today.
