Lee Law Firm logo
(973) 315-9080

Hablamos Español!

Who Is Responsible for a Rear-End Collision?

New Jersey Personal Injury Claims
August 7, 2023
Lee Law Firm , LLC

Is the Driver Following the Other Car Always Liable?

It’s something most of us have heard at some point or other…in a rear-end collision, because the tailing driver has a duty to watch the road in front of him and maintain a proper distance, he or she will always be responsible in the event of a rear-end collision. Is that true? Is it pretty much an open and shut case? Not necessarily.

When Can the Driver in Front Be Liable for a Rear-End Collision?

As a general rule, the driver in back in a rear-end collision will typically be found responsible. Studies show that the most common causes of rear-end collisions are excessive speed and distracted driving. In those situations, it’s not difficult to show that, had the driver in back been paying attention or not traveling so fast, the accident would not have occurred.

There are instances, though, where the driver in front may actually cause the crash:

  • Slamming on the brakes—When the driver in front brakes hard without warning, even a motorist traveling at a reasonable rate of speed at a reasonable distance behind may not be able to avoid a collision
  • Failure to signal a turn—A driver who slows down or stops without using a turn signal may be responsible for a rear-end crash (though the following motorist should be able to see brake lights)
  • Defective brake lights—If the motorist in front has brake lights that do not work, the tailing motorist may not be responsible for a collision
  • Swerving into your lane—The motorist in front may swerve into your lane without warning or without proving adequate distance
  • The motorist in front back into you—Occasionally, a motorist may accidentally or intentionally back up at an intersection

Contact Our Office

At Lee Law Firm, we have extensive knowledge and experience successfully handling personal injury claims. We take all personal injury cases on a contingency basis—you won’t pay any attorney fees unless we recover compensation for your losses.

Call us at 973-315-9080 or contact us online to schedule an appointment. We are available to meet with you evenings and weekends, if necessary. We welcome all major credit cards. ¡Nosotros hablamos español!

Related Blog Post

winter motor vehicle accidents liability

Liability for Motor Vehicle Accidents in New Jersey Winters

October 21, 2021
Lee Law Firm , LLC
New Jersey Motorcycle Accident Claims
Are the Rules Different for Snowy and Icy Conditions? When you live in New Jersey, you expect that, for some portion of the winter, you’ll be driving on snow-covered or even icy roads. Snowy roads and snowy conditions consistently lead to an increase in auto accidents, with about one in four weather-related accidents involving snowy […]
writing a ticket by traffic officer

Fighting a Traffic Ticket in New Jersey

January 23, 2021
Lee Law Firm , LLC
Traffic Tickets In New Jersey
Can You Gain Access to a Police Officer’s Notes and Other Documentation? A common misperception is that, when it comes to New Jersey traffic tickets, there’s no point challenging the citation, as it’s your word against the police officer’s testimony, and the court usually sides with law enforcement. But that’s not necessarily true. You can […]
traffic violations in new jersey

Traffic Violations in New Jersey

December 4, 2020
Lee Law Firm , LLC
Traffic Citations In New Jersey
An Overview of the Legal Process for Resolving a Traffic Citation It happens to most of us at some point. You’re behind the wheel and get distracted, thinking about work or adjusting the volume on the radio. The next thing you know, there’s a flasher in the rearview mirror and a police officer is giving […]


Email us using this contact form and we will quickly reach back out with answers.

lee law firm Springfield map


150 Morris Ave. Suite 202 
Springfield, NJ 07081
 (973) 315-9080
(973) 315-9081


600 Mt. Prospect Avenue
Newark, NJ, 07104
 (973) 315-9080
(973) 315-9081


East Orange
Perth Amboy
Essex County
Passaic County
Bergen County
Hunterdon & Somerset County
Jersey City
Union County
Middlesex County
Hudson County
Monmouth County
© 2024 Lee Law Firm, LLC . All Rights Reserved. Terms & Conditions | Privacy Policy
Powered By: