I dunno, kidD. Bu that logic, if someone is tailgating you and you slam on the brakes, then the tailgater would be at fault for the accident.
That isnt true. The one who slammed on the brakes is at fault for the accident. Tailgating wasnt the. 'Proximate cause' of the accident.
Wrong. If you rear end someone your the one getting charged.
Here is how it actually works. All drivers have certain legal obligations (called duties) to all other drivers. One of these obligations is to maintain a safe following distance. That means enough distance that you have time to stop no matter how hard the person in front of you hits their brakes or how fast they stop, and no matter what their reason for braking or stopping. And this makes sense because nobody can ever predict when they might have to brake very suddenly and so the obligation is always on the guy in the rear to maintain a safe following distance always. Because of this the driver in the rear is completely and solely at fault and the driver in front vehicle zero at fault in well over 99% of rear end accidents involving two vehicles.
There are some pretty rare exceptions. If the front driver brakes solely with the intention of purposely causing the accident then they are at fault too. It is hard to prove though and generally to prove it the front driver needs to admit to it which as you might guess pretty much never happens. They are going to lie and say a dog ran out in front of them or something similar. You may be able to prove it with a witness who was not involved in the accident but their testimony would have to be pretty compelling because the front driver is of course going to claim the witness just didn’t see the dog. But even in very rare case where you can prove the front driver intentionally tried to cause the accident the rear driver is usually considered to still be partially at fault too, often at least 50% at fault, because, you guessed it, they failed to maintain a safe following distance. How do you know it wasn’t a safe following distance? Because they hit them, that’s how. Remember, safe following distance means you can stop in time no matter how fast they stop, and no matter why they stop. If you hit them you obviously didn’t do that.
There are some very rare cases where you as the rear driver may not be considered at fault at all in a rear end collision though. One is if someone pulls right in front of you very closely and then immediately brakes. If you hadn’t had time yet to slow or drift back to create the safe following distance, and if you simply didn’t have enough time to avoid hitting them (and couldn’t have avoided it be swerving), then they would be at fault because they were the ones that essentially failed to keep the safe following distance and forced it on you so to speak. But if before it happened you had time to slow or drift back to create the safe following distance, which usually doesn’t take more than a few seconds to have enough time to do, and you just chose not to do it right away for whatever reason, then you as the rear driver are now 100% at fault again because you could had enough time to create that safe following distance but chose not to.
There is a common insurance scam called the “swoop and squat” that is done kind of like the above. Usually two vehicles working together will be in the lane beside you, and the rear one will get even with you to prevent you from being able to swerve or change lanes. Then the front one of the two will change into your lane right in front of you very close and then immediately brake hard so you rear end him. You didn’t yet have time to create the safe following distance, didn’t have time to stop and avoid him because he was too close when he slammed on the brakes, and couldn’t swerve because of the vehicle beside you. They would clearly be solely responsible if you could prove it but usually you can’t and will probably still be found solely at fault. You can’t prove they knew each other and were working together. The driver you hit is going to say he had been in front of you for 30 seconds. The scammers made sure to do it at a spot where there weren’t likely to be witnesses who could testify to how it actually happened (they generally do it with no other cars around so there aren’t witnesses). And of course the driver of the car you hit ends up having all kinds of “injuries” even though the accident happened at 20mph.
Another rare case where the driver in the rear of a rear end accident might not be at fault is if the road conditions didn’t allow it and those road conditions were due to neglect such as say a pothole that prevented you from being able to stop. It could be a case where whoever was responsible for maintaining the road is considered responsible for the accident (they knew or should have known about the pothole, knew or should have known that it could create a dangerous situation, had time to have fixed it if they had wanted to but they chose not to type of thing).
Another example is you are the middle vehicle in a three car rear end chain reaction accident, but you would have never hit the vehicle in front of you if you weren’t rear ended yourself and literally push into the guy in front of you. Sometimes this isn’t always easy to prove either and may require the guy that rear ended you acknowledges that you were completely stopped at the time, and/or the guy in the front being clear that he was only hit one time, and/or it may require that other facts can be determined depending on the particular circumstances of that accident.
Bottom line is that the rear driver in a two car rear end accident will almost always be solely and completely responsible, but there are rare exceptions.