TL;DR:
- Rear-end collisions are often associated with the driver who strikes the vehicle in front, but determining fault depends on the circumstances of the crash.
- Following too closely, distracted driving, speeding, and failing to stop can contribute to rear-end collisions and may affect fault.
- Evidence such as police reports, witness statements, photographs, traffic-camera footage, and vehicle damage can help establish what happened.
- The driver in front may also share responsibility in certain situations, such as sudden or unsafe actions that contribute to the collision.
- Determining liability requires examining the specific facts and evidence surrounding the rear-end accident.
Fault in a rear-end collision depends on the facts leading up to the accident. A rear-end collision occurs when one driver stops or slows, and another driver behind them strikes the back of the vehicle. To determine who is at fault in a rear-end accident in NJ, we have to consider what caused the collision. The state also has numerous laws that help determine fault.
At Seigel Law, our New Jersey car accident attorneys will gather evidence to determine fault and, when appropriate, seek fair compensation against those who caused you harm. Request a free consultation with our team now to determine who is at fault when you get rear-ended.
Determining Who Is at Fault for a Rear-End Collision in New Jersey
Determining who is at fault in a rear-end collision requires careful consideration of the law, the available evidence, and the circumstances leading up to the incident. Your attorney will guide you in seeking evidence to build your case. A starting point is generally determining what caused the accident.
If the driver in front slams on their brakes unnecessarily, the driver behind will certainly have a difficult time stopping. However, the rear driver is typically at fault when they lack the stopping distance and control over their vehicle to stop. Both situations happen very commonly throughout the state.
Fault can seem subjective. Each driver often has their own opinion of what occurred. Police often gather critical information to help demonstrate fault and piece together what they believe led to the incident. This could be distracted driving, tailgating, a brake failure, or failure to adjust to driving conditions. When you choose to work with a New Jersey car accident lawyer near you, we can break down more details to clarify fault.
New Jersey Safe Following Distance Law (N.J.S.A.39:4-89)
One of the most important components of this decision is the state’s safe following distance law. Under New Jersey Statutes Title 39, every driver must maintain a “reasonable and prudent following distance” behind the other driver based on speed, traffic, and road conditions. So, who is at fault in a rear-end collision? If the driver behind fails to meet this standard, they are at fault in the accident.
Data shared by the New Jersey Division of Highway Traffic Safety indicates that a good rule is to stay at least two seconds behind the driver in front of you in good weather. In poor weather conditions, a driver should be four to five seconds behind the car in front of them.
Most of the time, a driver has a responsibility to every other driver to operate safely. That means staying far enough behind the driver in front of them to stop suddenly in an emergency. That is why it is often presumed the driver is the one who is at fault in a rear-end accident in NJ, but that is not always the case.
When Is the Front Driver Liable in a Car Accident?
There are various situations where the driver in front could be held accountable, such as:
- They are reversing and strike the driver behind them.
- Illegal or sudden stops, especially on highways or other busy roadways without a clear emergency
- Broken brake lights, meaning the driver behind them could not have known they were stopping
- Brake-checking the driver behind them, or purposefully slamming on the brakes to scare the driver behind them
- Moving at a dangerously slow rate, such as below the minimum limit, creating a sudden hazard
- Leaving a disabled vehicle, including failing to move a disabled vehicle out of the lane of traffic or putting on hazards
- Unsafe lane cutting, when the front driver rapidly enters the lane in front of the rear driver unexpectedly and brakes immediately or does not allow enough stopping distance
In these situations, the driver in the front may be at fault for the accident. The key here is proving that the driver is at fault in a rear-end collision.
New Jersey’s Modified Comparative Negligence Law (N.J.S.A. 2A:15-5.1)
Sometimes both parties contribute to an accident. Under New Jersey’s modified comparative negligence law, N.J.S.A. 2A:15-5.1, either party can seek compensation, the front or rear driver, depending on the percentage of fault attributed to their actions. The police or insurance company will assign a specific percentage of fault for each driver in these cases.
If you are 50% or under at fault, you can seek a claim for compensation against the other party for the losses you incurred. Your compensation is then reduced by the percentage of fault attributed to your actions. If your car accident claim is worth $100,000, and you are 20% at fault, the law allows you to recover $80,000.
Keep in mind that if you are found to be over 50% at fault, you cannot seek compensation at all. This means you cannot file a claim against the other driver. Speak with a lawyer to determine who is at fault when you get rear-ended.
How No-Fault Insurance and Verbal Threshold Impact Your Rear-End Injury Claim
Another factor that often confuses drivers is the no-fault insurance rules in place in New Jersey. Most drivers in the state have personal injury protection (PIP) coverage. This policy covers your medical bills and lost wages up to the amount of coverage you have. You file a claim against your policy for your damages no matter who is at fault in a rear-end collision.
However, the state also has a verbal threshold rule. If you selected the verbal threshold (limitation on lawsuit) at the time of purchasing your insurance policy, you give up any right to seek a lawsuit for other losses unless your injuries meet one of the following six criteria set by the New Jersey Department of Banking and Insurance (DOBI):
- Death
- Dismemberment, the loss of a body part
- Significant disfigurement or significant scarring
- Displaced fracture, such as a broken bone out of alignment
- Loss of a fetus
- Permanent injury
Even in these situations, if you believe you have a case, we recommend speaking to an attorney. Do not assume the insurance company will treat you fairly or provide you with a fair claim for your losses. To minimize risk, call our car accident lawyer in Clifton for a consultation to determine who is at fault when you get rear-ended.
Critical Evidence Used to Prove Fault in a Rear-End Accident
The burden of proving fault is on your shoulders as a victim. Our personal injury attorney will help you do so by gathering critical information such as:
- Witness statements
- Dash camera footage
- Traffic or surveillance footage
- Accident reconstruction work
- Evidence at the scene
- Cell phone records
Every bit of information helps determine fault. If you believe the other party is at fault, but you were blamed, let our car accident lawyer help you navigate your rights and determine who is at fault in a rear-end collision.
Protect Your Rights After an Accident
If you have been injured in a rear-end collision, you should call 9-1-1 promptly. Gather information, including driver and vehicle identification. Take photos of the vehicles and the accident scene and get contact information for any witnesses. Seek medical attention as soon as possible. Then contact an experienced automobile injury attorney who can assess your ability to recover damages and help determine who is at fault in a rear-end accident in NJ.
How Seigel Law Fights Negligent Drivers to Maximize Your Settlement
Through years of hard work and dedication to our clients, Siegel Law has built a reputation for getting results. If you are unsure who is at fault after being rear-ended, or you are blamed and know you should not be, we will investigate and build a claim for you. Rear-end accidents are far too common and can cause serious injury and losses.
Contact Seigel Law to discuss your case during a free consultation. Our Clifton, NJ, car accident lawyer provides unwavering legal guidance and support during difficult times. We take on the insurance companies and prove your right to compensation. If we do not win your case, you owe us nothing. We represent injured accident victims throughout northern New Jersey, including Bergen, Passaic, Essex, and Hudson counties. Schedule a free consultation today and contact us online.
Frequently Asked Questions (FAQ):
Is the trailing driver always automatically at fault in a rear-end accident in New Jersey?
While it is fair to say that the trailing driver is typically, and often assumed to be, at fault, that does not mean the investigation stops there. Police will gather all available information and evidence to determine who is at fault, which could show that either driver is responsible for the accident.
Can a front driver be held responsible if they brake-checked or had broken brake lights?
Yes, the driver in the front has the responsibility to do their part in keeping everyone else safe on the road as well. To do that, they must follow the law, which includes slowing properly and warning drivers following them of their actions, which is what brake lights do. If they fail, they can be held accountable.
How does New Jersey’s comparative negligence rule affect my settlement if I was partially at fault?
If you are partially at fault for an accident, you can still seek a claim against the other party, depending on the circumstances, if you are 50% or less at fault. If you are found mostly at fault, you are barred from filing a claim at all.
Do I need a lawyer if the insurance company admits their driver rear-ended me?
When you are in an accident with serious injuries and losses, hiring an attorney is valuable. Your attorney ensures you know your rights to seek a claim against your PIP coverage as well as the at-fault party. They can help you avoid being blamed for an accident you did not cause.our free consultation.