Rear end collisions are common, and despite the perception that these aren’t serious accidents, they can cause significant damage, injuries, and death. In 2023, more than 1.47 million people were injured in U.S. rear end crashes, and 3,300 people died.
There is generally a presumption that the back driver is at fault in a rear end collision, but determining liability isn’t always straightforward. DiBella Law Injury and Accident Lawyers assists those involved in rear end crashes by protecting their rights and seeking fair compensation through settlement negotiations or litigation. Contact our car accident lawyers today by calling (617) 870-0907 or completing our online contact form.
Who Can Be Held Liable in a Rear End Collision in MA?
The standards of fault under Massachusetts law presume that the driver who hits the car in front is more than 50 percent responsible for a rear end crash. Behaviors that cause rear end collisions include following too closely, distracted driving, and failing to account for road conditions.
The front driver may be liable in certain accident circumstances, such as if they suddenly slammed their brakes or didn’t have working brake lights.
Some cases involve more than two parties. For example, a third driver could be at fault in a rear end collision involving three or more vehicles. An employer may be liable if the party that hit you from behind was working when the crash occurred. You also may be eligible to collect from a rideshare company’s insurance policy following an accident with a rideshare driver.
Can Both Parties Be at Fault for a Rear End Accident in Massachusetts?
The presumption that the back driver caused a rear end collision doesn’t mean the driver in front automatically holds no fault. The front driver may be partially responsible—or in rare cases, 100 percent at fault.
Massachusetts has a comparative negligence standard for personal injury cases. You can only collect damages if you were less than 51 percent responsible for an accident. Your percentage of liability decreases your damages proportionately. For example, if you have $100,000 in damages and were 20 percent at fault, you can receive $80,000.
Even 10 percent responsibility for a crash can cost you thousands of dollars in compensation. If you were involved in a rear end collision, working with an experienced car accident attorney can help build a strong case to prove the other party’s liability.
Determining Fault After a Rear End Accident
After an accident, an insurance company or court assigns fault to the involved parties. Any given party could hold anywhere from 0 to 100 percent responsibility. Violations of state laws and the quality of evidence play significant roles in liability determinations.
Massachusetts Rear End Collision Laws
When drivers fail to follow traffic laws, they may hold some or all responsibility for rear end crashes. Violations of several statutes can impact a driver’s liability, including:
- Failure to maintain a safe following distance: Drivers must maintain a reasonable and prudent distance, accounting for traffic, speed, and road conditions.
- Speeding: In addition to following the posted speed limit, drivers must reduce their speed in response to weather and other hazardous conditions, such as heavy traffic.
- Distracted driving: Massachusetts has a hands-free law that limits the use of electronic devices while driving. Searching for things in the car and other distracting activities are not illegal, but can contribute to accident liability.
- Driving while intoxicated: Driving under the influence can impact a driver’s ability to timely stop or otherwise cause them to precipitate a rear end collision.
Massachusetts law does not automatically assign fault based on the type of accident, and some actions that aren’t illegal can still trigger liability in a rear end crash. You need solid evidence for an insurance claim or court case to win damages.
Evidence That Can Prove Fault in a Rear-End Accident
To get damages beyond your no-fault insurance coverage in Massachusetts, you must prove that the other driver caused your crash. Insurance companies and courts evaluate several types of evidence to determine fault, including:
- Photos and videos of the accident scene and vehicle damage
- Traffic camera footage
- Eyewitness accounts
- Vehicle black box data
- Expert accident reconstruction
- Cell phone records to determine distracted driving
- Weather reports that may show a rear driver was going too fast for conditions
Collecting evidence after a crash can be challenging without help from a knowledgeable attorney. The skilled rear-end collision lawyers at DiBella Law have extensive experience preserving and gathering evidence quickly to build a solid case.
Steps To Take to Strengthen Your Rear End Collision Claim
The actions you take after your accident preserve your health and can assist in proving how the crash occurred and who was responsible. Take steps including:
- Get medical attention: Some injuries common to rear end accidents, such as whiplash, don’t show symptoms immediately. Seeing a doctor immediately can protect against further harm and establish a paper trail documenting your damages.
- Collect evidence: Take your own pictures and videos of the accident scene rather than relying only on police reports. Gather witness contact information, but do not discuss the crash with them.
- Keep all documentation: Create copies of medical documents, police reports, correspondence with insurance companies, and other evidence pertinent to your claim.
- Seek legal guidance: A skilled attorney can evaluate evidence, analyze the case under Massachusetts laws affecting liability, calculate damages, negotiate with insurers, litigate your case, and fight for fair compensation through a settlement or verdict.
Get Legal Advice From an Experienced Massachusetts Car Accident Attorney
You can’t count on an insurance company to make a fair assessment of who is at fault in a Massachusetts rear-end collision. They may try to blame you for the accident and deny or significantly reduce your damages. Our car crash lawyers know the laws applicable to these cases and how to collect necessary evidence to determine liability.
For over 20 years, we’ve helped accident victims fight insurance companies and pursue fair compensation. Every case is personal to us, and we take pride in client testimonials that praise our hard work, dedication, and ability to positively impact our clients’ lives.
At DiBella Law, we handle car accident cases on a contingency fee basis, so there is no cost to you unless we win your case. Call (617) 870-0907 or contact us online today for a free case evaluation.