Establishing fault is a critical part of handling the aftermath of a car crash. The party at fault for a New Jersey collision typically has financial liability for any damages they caused.
The people affected by the collision might file an insurance claim against the policy covering the at-fault driver. In some cases, people file lawsuits in response to collisions. Generally speaking, even those who did something flagrantly dangerous in traffic do not want to admit responsibility for a collision. After a rear-end collision, the driver in the front vehicle may insist that the rear driver was at fault, even though they may have caused the crash.
When is the rear driver not at fault?
Many people assume that the person operating the rear vehicle is always to blame for a rear-end crash. After all, traffic statutes clearly require that people maintain a safe following distance.
However, the driver in the front vehicle could very easily cause a rear-end collision through inappropriate conduct in traffic. They might fail to use their turn signals. Just as the law requires an appropriate following distance, the law also mandates the consistent use of turn indicators before merging or completing a turn.
Aggressive driving could also be to blame for a rear-end crash. If a motorist turns too closely in front of oncoming traffic, an approaching driver may not be able to slow down or stop in time. The same is true when one driver merges in front of another without leaving reasonable space.
If a person operating the rear vehicle in a crash scenario can show that the driver in the front vehicle broke the law, then they might be able to hold that driver accountable for the crash. Learning more about state traffic statutes can help people address liability in a rear-end crash scenario.