When determining who is at fault in a rear-end accident, the answer is generally the rear or “approaching” vehicle. However, that is not always the case. Depending on the details of a wreck, either one – or both – of the drivers involved could be at fault. It’s important to discuss your situation with a knowledgeable lawyer who has experience in these difficult cases.
Attorney Marya Fuller is a specialist in accident and injury law. She has helped clients throughout Washington achieve justice in a range of complex claims. If you were hit from behind and suffered injuries as a result, contact Fuller & Fuller, Attorneys PLLC to discuss your case for free.
A number of factors must be considered when determining fault in a rear-end crash. An attorney will investigate the facts in your case and identify the party or parties who may be held liable for your injuries. Below are some key considerations.
The Following Driver Has the “Primary Duty” To Avoid Causing a Rear-End Accident
As a general rule, drivers have a duty to leave enough space in front of them to avoid a rear-end collision. Section 46.61.145 of the Revised Code of Washington 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.”
The courts in Washington have held that this statutory duty means that the following driver will be liable for rear-end accidents in most cases. For example, as the Washington Court of Appeals stated in Svehaug v. Donoghue:
“Where one vehicle is following another vehicle, the primary duty of avoiding a collision rests upon the following driver.In the absence of an emergency or unusual condition, [the following driver] is negligent if [that driver] runs into the car ahead. . . “].”
Even in cases of emergency, drivers still have a duty to operate their vehicles safely, and they can be held liable if they cause a rear-end collision. In Svehaug v. Donoghue, the Washington Court of Appeals continued:
“[T]he following driver is not necessarily excused even in the event of an emergency, for it is [the following driver’s] duty to keep such distance from the car ahead and maintain such observation of that car that [the driver] can make such emergency stop as may be required by reasonably foreseeable traffic conditions.”
In other words, Washington law holds that the following driver will be deemed at fault in a rear-end accident in most cases. Absent “emergency or unusual” circumstances, it is the driver who gets rear-ended who will be entitled to just compensation.
When Can the Driver In Front Be Held Liable for a Rear-End Accident?
Given that the following driver has the “primary duty” to avoid causing a collision, when can the driver in front be held liable for a rear-end accident in Washington?
While these cases are less common, there are still a variety of scenarios in which the driver in front can be at fault for causing a rear-end collision. For example, the driver in front may be deemed at fault if:
- The driver in front merges or changes lanes without leaving enough room for the following driver to avoid a collision;
- The driver in front brakes harshly and unexpectedly without reason; or,
- The driver in front was driving without functioning tail lights or brake lights.
Even if a driver executes an unsafe lane change, the following driver still has a duty to try to avoid a collision. The following driver must slow down to avoid tailgating, and must try to re-establish enough of a buffer to stop safely. Likewise, even if a vehicle’s brake lights aren’t working, this does not automatically excuse the following driver for causing a rear-end collision.
Both Drivers Can Share Liability for a Rear-End Collision in Some Cases
In a few circumstances, both drivers can share liability for a rear-end collision. When this is the case, each driver will be entitled to recover a portion of his or her losses under Washington law.
Is the Rear Driver Always at Fault for a Rear-End Crash in Washington?
The rear driver is usually at fault for a rear-end car crash, but not always. Washington law puts a primary duty on the following driver to leave enough space to stop safely, but there are some exceptions. These include:
- Sudden or unreasonable stop by the lead driver. If the front driver brakes abruptly without a good reason or cuts in unsafely, they can share fault.
- Broken or missing tail lights. Washington requires working stop lamps. If the front car’s brake lights were out, that could reduce the rear driver’s fault.
The Washington rear-end collision lawyers at Fuller & Fuller conduct thorough investigations into these crashes to make sure that liability is properly assessed and you are able to seek every penny you are due.
What Evidence Proves Fault in a Rear-End Collision?
There are several pieces of evidence that may be used to establish liability after a rear-end car accident in Washington, including:
- Video evidence from dash cams, traffic cams, and nearby establishments.
- Speed, braking, and acceleration data from vehicle event data recorders.
- Phone and app data.
- Witness statements and driver admissions.
- Physical vehicle data, including brake light operation.
- Police reports and diagrams.
- Medical reports following the accident.
Liability is evidence-driven. This means cases need to be built intelligently. At Fuller & Fuller, we may review the above evidence and more to determine what really happened and who can be held liable for your injuries.
How Does Washington’s Comparative Fault Rule Affect Damage Recovery in a Rear-End Collision?
Washington uses a pure comparative fault rule. This means that your compensation is reduced by your share of fault, and your compensation is only eliminated if you are 100% at fault. For example, if you are 20% at fault on a $500,000 claim, you will be awarded $400,000. Also, even if you are more at fault than the other driver, you may still recover for your injuries. For example, if you are 70% at fault on a $100,000 claim, you will be awarded $30,000.
The statute defines “fault” broadly and allows apportioning among multiple at-fault parties, including drivers, employers, maintenance shops, and more, when evidence supports it.
At Fuller & Fuller, our Washington rear-end crash attorneys gather and preserve the evidence needed to help minimize your percentage of fault and maximize your recovery.
Do I Need a Police Report After a Rear-End Collision in Olympia or Tacoma?
A police report is not strictly required to bring an injury claim, but it is extremely helpful and recommended. If an officer does not investigate the accident, Washington requires each driver to file a collision report within four days.
After a police report has been filed, you can obtain a copy online through various methods, including:
If you are unable to obtain a police report, don’t worry. We can access the report for you to make sure it aligns with the evidence and medical documentation we have gathered. If your police report is incorrect or contains misleading or incomplete information, our rear-end collision lawyers can work to get corrections.
Who Pays in a Multi-Vehicle Rear-End Collision in Washington?
A multi-car collision will involve quite a number of rear-end crashes. Each driver in a multi-vehicle pileup can be assigned a percentage of the blame. Investigators look hard at following distance, damage to the vehicles, how many impacts are felt, speed relative to traffic flow, and weather/visibility to assign blame. Washington law mandates a reasonable and prudent following distance, which often becomes pivotal evidence in chain-reaction collisions.
What if the Driver Who Hit Me Was Uninsured or Fled the Scene?
Washington requires insurers to offer uninsured/underinsured (UM/UIM) motorist coverage, which can apply when the other driver has no insurance, too little insurance, or flees the scene. If you have opted for UM/UIM coverage, a claim can be filed with your insurance to collect damages for your injuries. UM/UIM coverage is highly recommended for exactly these types of situations.
The Washington rear-end collision lawyers at Fuller & Fuller have decades of experience working with UM/UIM coverage to help victims get maximum compensation. We can notify your carrier, preserve evidence, and push back on any arguments to help ensure you receive the compensation your injuries demand.
How Do Rear-End Crash Claims Work When the At-Fault Driver Is a Rideshare Operator?
Washington mandates primary coverage while a rideshare driver is on the app, with different limits before a ride is accepted versus during a trip. Before acceptance, the policy must provide at least $50,000 per person / $100,000 per accident for bodily injury and $30,000 for property damage, plus required UM/UIM and PIP elements. Once a ride is accepted and a passenger is onboard, coverage steps up under state statutes.
Crashes involving rideshare drivers may work the same as those involving any commercial driver. This means liability may extend to the rideshare company. However, in some cases, the driver’s personal insurance may be the primary source of compensation. This depends on whether they were actively driving for a company at the time and in what capacity they were operating.
Rear-end collisions with rideshare drivers can add a layer of complexity. The Washington rear-end collision attorneys at Fuller & Fuller can help. We have experience with a number of rideshare cases. During the investigative process, we can determine under which capacity the driver was operating the vehicle and work to hold all responsible parties accountable.
How Long Do I Have to File a Rear-End Collision Claim in Washington?
The attorneys at Fuller & Fuller are experts in determining the statute of limitations. Contact Fuller & Fuller for a full evaluation. The sooner you file a claim, the sooner your Washington rear-end collision lawyer can get to work collecting evidence, interviewing witnesses, and building a case that serves to seek the fair and full compensation you deserve.
Marya Fuller and John Mango are accident and injury law specialists. With decades of experience and an unwavering commitment to helping victims of serious injury get justice, they are prepared to get to work quickly, preserve evidence, and help you pursue what you are owed.
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Do you need to know your legal rights after a rear-end accident in Washington? If so, we encourage you to contact us for a FREE, no-obligation consultation with an experienced car accident attorney.
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Contact Fuller & Fuller, Attorneys PLLC today online or at (800) 570-4878. For over 50 years, our firm has served clients throughout Washington, including Olympia, Tacoma, and other areas.
