Rear-end collisions are among the most common types of car accidents in Louisiana. When one vehicle strikes another from behind, many people automatically assume the driver in the rear is always at fault. But that is not always true.
While most rear-end crashes are caused by the driver in the back, there are some situations in which the front driver shares responsibility or could even be entirely at fault.
Insurance companies will likely try to insist that you are fully to blame if you are the rear driver.
At Anderson Blanda & Saltzman, our experienced car accident injury attorneys in Lafayette can protect your rights and help you secure the compensation you are entitled to. Call (337) 233-3366 or complete the short form on our contact page and schedule a free consultation to discuss your claim.
Why People Think Rear-End Crashes Are Always the Rear Driver’s Fault
Many drivers, and even some insurance adjusters, believe that if you hit someone from behind, it’s always your fault.
That idea comes from basic expectations of driver behavior:
- Drivers are expected to maintain a safe following distance
- Drivers are expected to pay attention to traffic
- Drivers are expected to stop in time to avoid a collision
Sometimes that rule does reflect what happened. But not always.
Louisiana Fault Rules for Car Accidents
Louisiana follows a fault-based system for car accidents. This means liability is determined by negligence. Negligence is determined by whether a driver failed to exercise reasonable care under the circumstances.
To prove a negligence claim in Louisiana, you must establish that four elements exist:
- A duty of care existed
- The duty was breached
- The breach caused the accident
- Damages resulted
In rear-end crashes, determining negligence is not always straightforward. Multiple factors can affect whether the rear driver is at fault, whether fault is shared, or whether the lead driver’s actions were the primary cause.
Why the Rear Driver Is Typically At Fault
In many rear-end collisions, the driver in the back is responsible because they were either:
- Following too closely
- Driving distracted
- Speeding
- Failed to brake or steer safely
However, there are times when the rear driver was driving safely and still crashed into the vehicle in front.
When the Rear Driver May Not Be At Fault
There are several important exceptions when the rear driver may not be fully, or even primarily, at fault, such as when:
- The lead vehicle suddenly reverses
- The lead vehicle made an unsafe or illegal maneuver
- The lead vehicle has faulty brake lights or other vehicle defects that the driver knew or should have known about
- The lead driver created hazardous conditions, causing the rear driver to crash
- There is a multiple-car pile-up
The facts of your accident matter. At Anderson Blanda & Saltzman, we will carefully investigate your accident to identify all possible causes and liable parties to help build your strongest case.
Louisiana’s Comparative Fault Rule
Louisiana follows a comparative fault model outlined in Louisiana Civil Code Article 2323. That means if you were partially (but less than 51%) at fault, you may still be able to recover damages. If you are 51% or more at fault, you will be barred from recovering any compensation.
If you are 50% or less at fault, your compensation will be reduced by the percentage of fault assigned to you. For example, if you are found to be 30% at fault and your damages total $100,000, you could still recover $70,000 after your percentage of fault is deducted.
At Anderson Blanda & Saltzman, our skilled car accident injury attorneys work diligently to avoid or minimize any fault assigned to you and to maximize your compensation.
Contact Us Today For A Free Consultation
Our Lafayette injury attorneys have a proven record of securing maximum compensation for our clients, and we want to do the same for you. Call (337) 233-3366 or visit our contact page and schedule a free consultation to discuss your claim.