Rear End Collisions in Washington: Is the Rear Driver Always at Fault?

A rear end collision occurs when a driver is following another vehicle too closely and fails to brake in time, striking the lead vehicle from behind. While this is a common type of car accident, it can also result in serious injuries, depending upon the force of impact. It’s crucial to understand how liability works in a rear end crash to help ensure the responsible driver is held accountable and you obtain the monetary compensation to which you’re entitled for your damages.

Key Takeaways

What is Washington’s Presumption of Negligence?

Under Washington law, there is a general presumption that the rear driver is responsible for a rear end collision. Specifically, RCW 46.61.145 states, “The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway.” This means that rear drivers are required to leave enough space in front of them to allow them to stop safely.

If a rear driver failed to brake in time because they were following too closely, tailgating, texting, or speeding, they likely have violated their duty to operate their vehicle safely. However, a rear driver can rebut the presumption of negligence by demonstrating that another party’s actions caused or contributed to the crash.

What Factors Influence a Fault Determination?

In some rear end collisions, liability is straightforward. However, there can be a wide range of factors that influence liability, shifting fault from the rear driver to another party. For instance, if the leading vehicle stopped short unexpectedly for no reason, they may share some of the blame. In a chain reaction accident or multi-car pileup, more than one party may share responsibility for a rear-end accident.

Factors that may influence a fault determination for a rear end collision in Washington can include the following:

• Distracted driving
• Driving under the influence
• Tailgating
• Improper or abrupt lane changes
• Speeding or aggressive driving
• Malfunctioning equipment
• Road conditions

Although driving behaviors typically play a critical role in determining fault, liability in a rear end collision is not always solely based on driver conduct. In the event a defective vehicle component caused the accident, such as a faulty brake or steering wheel, the manufacturer may incur liability for the crash. In addition, a municipality might be held accountable if negligent road maintenance or defective road design was the cause of the accident.

What Evidence is Needed to Determine Liability in a Rear End Collision?

To establish a party’s negligence in a rear end collision, it’s crucial to have solid evidence that demonstrates liability. While medical records can link your injuries to the accident and demonstrate the extent of your damages, you will still need to establish fault. Some evidence that can help prove a driver’s negligence can include:

• The police accident report: A police accident report cannot be used in court because of Washington’s hearsay rules. However, it still contains important information that can be used in negotiations with the insurance company, such as witness statements and an objective account of the accident scene.
• Witness statements: Witness statements from other drivers, pedestrians, and anyone who observed the accident can provide an unbiased account of the events.
• Surveillance or traffic camera footage: Videos from nearby surveillance or traffic cameras that captured the accident can show the sequence of events that lead up to the accident and demonstrate how the crash occurred.
• Dashcam footage: Dashcam footage from the vehicles involved in the crash may be able to show whether the rear driver was following too closely or the lead vehicle stopped short.
• Photographs: Photos of vehicle damage, skid marks in the road, traffic signs, and road conditions can be helpful to demonstrate how the accident happened.
• Cellphone records: Cellphone records can be used to prove whether a driver was talking on their phone or texting, and was thus distracted, at the time of the accident.

Additionally, accident reconstruction experts can provide a detailed reconstruction of the scene of the crash, which can provide compelling evidence regarding fault. These expert witnesses can offer an objective and technical analysis of the collision, establish the sequence of events, calculate speeds, gauge brake times, and determine the force of impact.

What Role Does Comparative Negligence Play in Rear End Accidents?

Sometimes, both the rear driver and lead driver will share liability for a rear end accident. If you were partly to blame for the rear end collision that caused your injuries, you may still be entitled to recover compensation for the harm you suffered. Washington State follows the doctrine of pure comparative negligence. This means that you may recover compensation for a car accident, even if you were 99% at fault. Any compensation awarded would be reduced by your percentage of negligence.

Contact an Experienced Washington Personal Injury Attorney

If you suffered injuries in a rear end collision, it’s vital to have a skilled personal injury attorney by your side who can evaluate your case, determine liability, and help ensure you receive the maximum monetary recovery you deserve. With locations in Burien and Bellevue, Herron Law Office, PLLC is dedicated to helping car accident victims in Washington secure their rightful compensation. We welcome you to contact us for a consultation to discuss your case by calling (425) 600-2580.