{"id":6703,"date":"2017-09-20T12:17:13","date_gmt":"2017-09-20T02:17:13","guid":{"rendered":"http:\/\/nowinnofeepersonalinjurylawyers.com.au\/?p=6703"},"modified":"2017-09-21T03:01:53","modified_gmt":"2017-09-20T17:01:53","slug":"rear-end-accidents-always-fault-driver-car-following","status":"publish","type":"post","link":"https:\/\/nowinnofeepersonalinjurylawyers.com.au\/index.php\/2017\/09\/20\/rear-end-accidents-always-fault-driver-car-following\/","title":{"rendered":"Are Rear-end Accidents Always the Fault of the Driver of the Car Following?"},"content":{"rendered":"
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Gold Coast & Brisbane Personal Injury Lawyers explain liability in Rear-ender car accidents. No Win No Fee Lawyers offering motor accident claim services to Qld.<\/p><\/div>\n

There are all sorts of car accidents<\/a>. There\u2019s the T-boned accident, head on collision, fender bender, side-swipe, and of course, the most common of all, the rear-end motor vehicle accident or “rear-ender” as it is often referred to. <\/span><\/p>\n

Rear-end collisions are the bane of motor vehicle CTP insurers <\/a>because they commonly occur and inevitably result in injury. Most commonly injuries sustained in rear-ender accidents include spinal injuries such as whiplash injuries to the neck and back,\u00a0head injuries and strain injuries to the shoulders and upper limbs\u00a0and\u00a0chest\u00a0injuries<\/a>.\u00a0 Injuries that can have long term impact on their sufferers. And high impact rear-ender accidents can result in catastrophic injury and fatality<\/a>.<\/span><\/p>\n

More Than One Party May be at Fault in\u00a0a Rear-end Motor Vehicle Accident<\/span><\/h2>\n

There is a common perception that the driver of the following vehicle in a rear-end accident is always 100% at fault, because they were not keeping a proper lookout or following too close. The law says (s.126 of the Queensland Road Rules<\/a>) that a driver should always follow the vehicle in front at a safe distance. This means, leaving sufficient room within which to pull up, should the leading vehicle come to an unexpected and sudden stop.<\/p>\n

Because of this perception, those following drivers who suffer injuries from a rear-end accident often believe they don’t have a right to bring a motor accident claim to recover injury compensation or car repair costs, when in fact they do.<\/p>\n

The Following Driver May Not Be the Only Party Contributing to the Accident<\/span> Occurring<\/span><\/h2>\n

Whereas, it is usual for the driver of the following motor vehicle in a rear-end accident to be held responsible for the accident for failing to follow at a safe distance or not keeping a proper lookout, it is not always the case.\u00a0 Where there is another party whose wrongful or negligent actions, or lack of action, have contributed to the collision occurring, then there will be an apportionment of liability between the culpable parties.<\/p>\n

For example, a car is following another motor vehicle along the main highway when suddenly a truck pulls out from a side street in front of the leading vehicle when it is not safe to do so. To avoid a collision, the leading vehicle urgently throws on its brakes without warning. The driver of the car following reacts and does the same, but doesn\u2019t stop in time, colliding into the rear of the leading motor vehicle.\u00a0 In such case, both the truck driver who negligently pulled out into oncoming traffic when it was not safe to do so and the driver of the car following who was not keeping a safe distance from the car in front, share responsibility for the accident occurring.<\/p>\n

Determining what each of the culpable drivers\u2019 responsibility is for the accident is termed, \u201capportionment of liability\u201d.\u00a0 In the example provided above, a Court may find that both the truck driver and driver of the car following share equal responsibility and apportion liability at 50\/50.<\/p>\n

The Driver of the Leading Vehicle Can Share Fault<\/span><\/h2>\n

In some cases, the driver of the leading vehicle will share responsibility for the accident. Some instances where this may occur are:<\/p>\n