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Who’s at Fault in a Rear-End Accident?

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Posted on June 30, 2022 in

When moving, people typically follow the basic principle of looking in the direction they’re going, especially when driving a vehicle. 

However, you might be surprised to learn that the leading cause of multi-car crashes in Arizona—more than one-third of them, in fact—are rear-end collisions.

The consequences of a rear-end crash can be severe—physically, financially, and legally. This is true for both the one hitting the car in front or the one being rear-ended.

A table of data showing the manner of collision in multi-unit crashes based on data from 2023

If you need legal help after a rear-end collision in Phoenix or Arizona, the Stone Rose Law firm has experienced car accident lawyers who can assist you.

To speak with one of our auto accident attorneys, call us at (480) 498-8998.

How Do Rear-End Collisions Happen?

Several factors can lead to a rear-end car crash, with no single cause being dominant.

A chart listing data about driver violations from a 2023 report from the Arizona Department of transportation.

You might think that following too close to the driver ahead is the most common cause of fender-benders. However, data shows that the leading cause of accidents is actually speeding. In fact, you are five times more likely to be involved in a crash when driving too fast than you are by “tailgating.”

This makes sense when you consider that the faster you drive, the less reaction time you have to stop.

Distracted driving is a leading cause of rear end accidents but is not a leading cause in accidents as a whole.

A chart listing data about distracted driving behavior from a 2023 report from the Arizona Department of transportation.

Here’s a summary of the most common factors leading to fault in a rear-end crash:

  • Driving too fast. This can involve going faster than the legal speed limit or driving too fast for the current road, lighting, and weather conditions.
  • Following too closely. Even if you are not speeding, less distance between your front bumper and the other driver’s rear bumper means less time to react to avoid an accident.
  • Being distracted. A rear-end collision can happen in a second or two if the driver behind you isn’t paying attention to the road ahead.
  • Driving under the influence of alcohol or drugs. Intoxicating substances can reduce reaction time and impair a driver’s judgment.
  • Aggressive driving. Losing control over one’s emotions can lead to risky, dangerous behaviors like tailgating, “brake-checking,” or other road rage behaviors.
  • Poor vehicle maintenance. Cars need good brakes and tires for effective stopping and functioning headlights, brake lights, hazard lights, and turn signals to ensure visibility and communication with other drivers, especially at night or in poor weather.
An infographic listing common factors that lead to rear-end crashes.

These contributing factors can also occur in combination, further reducing the time and distance needed to stop safely before hitting the car ahead. The more of them are in play, the more likely rear-ending other vehicles become.

What Are the Consequences of a Rear-End Crash in Arizona?

In the context of getting into a rear-end collision, three things can happen, and all of them are bad:

  • You can suffer personal injury, property damage, long-term physical and economic effects, or even death.
  • You may be subject to a civil lawsuit for personal injury, property damage, or wrongful death by anyone involved in the crash.
  • You can be subject to prosecution for violating Arizona traffic laws.

Let’s consider each of these possible consequences in more detail below.

Personal Injury, Property Damage, or Death

Even if you are wearing seat belts and your car has safety devices like airbags, a rear-end collision can still cause substantial physical and economic injury to you and others.

Physical Harm

Some of the injuries that a rear-end crash can cause include:

  • Whiplash and other neck injuries
  • Traumatic brain injury, including concussions  
  • Broken and/or fractured bones 
  • Spinal stenosis, spinal fractures, back sprains, herniated discs, pinched nerves in the spinal column, and other back injuries
  • Cuts, bruises, burns, and disfigurement

These injuries can be acute or lead to painful or disabling chronic conditions. In a worst-case situation, they can be fatal.

Economic and Emotional Harm

A rear-end accident can cause significant harm beyond personal injury, including loss of income from being unable to work, expensive property repairs, medical bills, and long-term costs for physical, occupational, and mental therapy.

Long-lasting and severe injuries can also interfere with daily life, affecting one’s ability to handle regular activities or relationships. These can lead to exemplary or “punitive” monetary damages for pain and suffering.

Personal Legal Liability in Civil Court

The responsible driver in a rear-end collision will often be subject to legal claims for personal injury, property damage, wrongful death, or an Arizona survival action. Depending on the severity of the injuries and property damage, the monetary damages awarded in an insurance settlement or trial can exceed an insurance policy’s liability coverage limit. In such cases, the at-fault driver may be personally liable for the remaining amount.

Being held liable for causing a rear-end accident can also lead to higher insurance premiums or even trouble keeping and/or affording car insurance.

Potential Criminal Conviction

Violations of Arizona traffic laws that cause accidents, injuries, or property damage can lead to criminal charges by the local city or county prosecutor. These charges are separate from any civil lawsuit the at-fault driver may face.

Law enforcement will conduct an investigation to determine if the accident was caused by:

  • Driving under the influence (DUI)
  • Excessive speeding
  • Traffic law violations
  • Aggressive “road rage” driving
  • Serious physical injury or death
  • A minor passenger was involved

If any of these reasons were the cause of the event, the chances of facing criminal charges increase.

A criminal conviction after a rear-end collision occurs can lead to:

  • Time in jail or an Arizona state prison
  • Thousands of dollars in fines and penalties
  • Revocation of driving privileges
  • SR-22 additional car insurance premiums
  • Community service
  • Alcohol and drug screening and education
  • Months or years of probation

A severe conviction like a felony can follow you on your public record for the rest of your life. This can interfere with or prevent you from exercising some of your constitutional rights, make it hard for you to get a job or to find a place to live, make it difficult to get a loan, or harm your personal reputation for the rest of your life.

What Should I Do if I Get Into a Rear-End Accident?

Regardless of whether you were the one who was rear-ended or run into the car in front of you, there are some steps you should take right away at the scene of the accident:

Stop at the Scene of the Accident

Leaving the scene of an accident before you are legally allowed can lead to hit-and-run charges against you under Arizona law.

If personal injury or property damage occurs because of the accident, Arizona law requires you to stop at the scene of the accident at least long enough to exchange information with the other driver and to render medical assistance if necessary.

Do not admit fault in a rear-end accident. This will help your insurance adjuster and a lawyer represent your interests if a lawsuit or criminal charges arise.

If there are any witnesses to the event, get their contact information. Take pictures of the accident scene, your vehicle, and the other car involved.

In more severe accidents, an Arizona law enforcement officer must also come to the scene to investigate and file a police accident report. You will need to be there to provide a statement and to answer questions. Even if a police report is not required by Arizona law, it is still a good idea to call the police and remain at the scene until they arrive.

Seek Medical Treatment as Soon as Possible

Many kinds of injuries caused by rear-end accidents do not make themselves apparent right away. This is especially true of soft-tissue injuries.

Seeing a doctor promptly after an accident ensures effective treatment of any delayed injuries and creates medical records that can support your case in settlement negotiations, arbitration, a civil lawsuit, or a criminal trial.

Call an Arizona Traffic Accident and Personal Injury Law Firm

The possible civil and criminal law consequences of rear-end accidents are serious and can affect your finances, personal liberty, and long-term future. Even if you want to let things go, you cannot count on the other driver not hiring a lawyer.

Even if you were driving safely and within the conditions, representing yourself against a personal injury attorney, an insurance adjuster, or a criminal prosecutor can put you at a disadvantage. They may seek to make you admit fault or harm your interests during settlement negotiations or in court.

Given the high stakes, having experienced legal counsel, such as an attorney from Stone Rose Law, is essential. Your attorney will protect your interests by managing all communications and interactions with those who may not have your best interests at heart, giving you both legal protection and peace of mind.

How Can a Stone Rose Law Attorney Help Me?

Arizona laws that apply to rear-end collisions can be difficult to understand and is why you should contact the attorneys at Stone Rose Law if you are involved in a rear-end collision.

We Can File Your Legal Claim on Time

You have a limited time under Arizona law to file a legal claim against the other driver. This timeframe is typically two years from the date of the accident but can be as short as one-year, and even as little as six-months in some instances, I.e, when the other driver is a public employee on official business.

We Can Help Reduce Your Risk of Comparative Negligence

Although the rear driver is typically deemed at-fault for fender benders, there may be situations that put the front driver at fault under Arizona’s comparative negligence law

Comparative negligence means that if you sue the driver who rear-ended you but are found partially at fault for the accident, any damages you can recover may be reduced based on your percentage of fault. This means less monetary compensation.

Call Stone Rose Law After a Rear-End Collision in Phoenix

Every accident is unique, and circumstances may make it difficult to find the at-fault driver. An experienced Phoenix car accident lawyer from Stone Rose Law is standing by to review the facts of your accident and help with your case. 

Connect with a Car Accident Lawyer to Explore Your Options 

We can also provide you with a cost-free, risk-free assessment of your case. 

If we take your case, you won’t pay anything upfront or out-of-pocket. We work on a contingency basis, meaning we only get paid if we win from a portion of the agreed-upon settlement.To discuss how we can help you recover the full damages you are entitled to, schedule a consultation with us or call (480) 498-8998.