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IS A DRIVER WHO RUNS INTO THE REAR-END OF ANOTHER CAR ALWAYS AT FAULT FOR THE CRASH?

Guy DiMartino March 14, 2015


I received this question the other day from Dick.

I was injured in a rear-end accident and the other guy's insurance company says they are not going to pay. I thought the person who hits a car in the rear is always at fault for the accident, am I wrong? Yes, Dick you are wrong.

It is true that in most rear-end crashes the guy doing the hitting is at fault for the crash. However, the question that you always have to answer in an Indiana car accident claim is – did the other driver act as a reasonable person.

Let me give you a few examples of when the hitter in a rear-end crash may not be responsible for the accident:

  1. He was hit in the rear by another car

  2. There was some emergency on the road that caused him to hit the back of the car

  3. He had some medical condition that came out of the blue; and

  4. The front car slammed on his brakes for no apparent reason

So there you have it. 90+ percent of the time, the person who does the rear-ending is at fault for the crash but there are times when the hitter is not at fault for car accident.

If you have any questions about an Indiana car accident, call (219) 874-4878.