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When You Rear-Ended Someone and They Were At Fault

Posted on in Personal Injury

Knoxville personal injury lawyerIt was a rear-end collision. The driver behind is automatically at fault, right? Not always. If you rear-ended someone, there is still a chance that they are legally at fault. There are situations where the driver in front is actually responsible for the crash and therefore liable to the driver behind him. These situations are more common than you might think. However, most not-at-fault drivers who were behind in a rear-end collision never think to fight back against the assumption that they were at fault. With the help of a skilled car accident attorney, you may be able to not only absolve yourself of liability but also recover damages from the driver who actually caused your accident. 

How Do I Know if the Driver in Front Was Responsible for My Rear-End Collision?

A good test is to think about what you realistically could have done to avoid rear-ending the driver ahead of you. If you honestly cannot think of anything you should have done differently to avoid the crash, and were not being careless, then you might not be at fault. If the driver in front of you created a situation where you had little or no opportunity to avoid the collision, they may in fact be liable to you. 

Common situations where the front driver is responsible for a rear-end collision include: 

  • Road rage - Road rage incidents have been increasing since the pandemic restrictions let up. A lot of people became used to staying home most of the time. Others became used to being the only car on the road. Either way, it appears that many drivers have completely forgotten how to interact with other people who are trying to use the road. If the other driver abruptly passed you and then slammed on the brakes, or insisted on cutting you off with inches to spare, you may not have been able to do anything to avoid the crash. This could even have been done in a deliberate effort to make you look responsible. 
  • Bad stopping point - Drivers are not free to come to a complete stop in any old place they please. Drunk drivers in particular are notorious for stopping in the middle of the road without consideration for anyone behind them. Other bad moves include stopping right after a curve or at the bottom of a steep hill, where drivers behind them might not be able to see them and get to stopping in time. 
  • Random reverse - Drivers who have pulled too far into an intersection at a red light sometimes back up to let cars move more easily through the intersection. This is a fine idea, except for when someone else has already stopped behind them. At this point, it only looks like a rear-end collision when actually, they backed into you. 

These are just a few common situations where the front driver in a rear-end collision can be liable. 

Call a Knox County Rear-End Collision Lawyer

If you experienced a rear-end collision caused by the driver in front, The Law Office of William F. Evans can help sort it out. Our experienced Knoxville rear-end collision attorneys have handled and won cases like these before. Call 423-449-7980 for a free consultation. 



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