In the event of a collision, the first question is: who is at fault? In a rear-end collision, the car behind is usually at fault. However, there are a few situations in which you can be found guilty as the car in front. For example, if you suddenly had to brake hard for a traffic light, traffic sign, speed camera, or animal. Or if a motorist collides with your car from behind when changing lanes or overtaking. In this article, we take a closer look at who is at fault in a rear-end collision between two cars.
In this article you can read:
- The car behind is in principle always at fault
- The driver behind is not always at fault
- Braking without traffic emergency
- Summary
The car behind is in principle always at fault
By law, a driver must be able to stop his car within the distance over which he can overlook the road and over which it is clear. This means that the car following you must have enough space in front of them on the road to stop without hitting you. Thus, in principle, the car behind you that collides with your car is always at fault. He is therefore also liable for compensation for your personal injury.
The driver behind is not always at fault
There are a few situations where you, as the vehicle in front, can still be found guilty.
In the event of unexpected and sudden hard braking without emergency
For example, braking hard just before a traffic sign, green traffic light, or a traffic light that changes to yellow when you are still far away. That is all seen as hard braking without emergency. You can also be found guilty if you suddenly brake hard in front of a speed camera.
When braking for “small animals”
If you suddenly brake hard for a cat or duck crossing the road and the car behind you can no longer avoid you. You may only brake if there is a traffic emergency. For example, if you or another person could be injured if you do not brake. This is not the case in a collision with small animals (smaller than a dog). This does not apply to a group of geese or swans. In that case, there may be a traffic emergency.
When changing lanes or overtaking
If you change lanes or overtake and the vehicle behind collides with you, you could be held liable for the damage. The driver behind may argue that you cut him off by driving directly in front of him and braking suddenly.
Note: In these cases, too, the vehicle behind you must keep a sufficient distance. If he did not keep enough distance, he is still at fault for the rear-end collision.
Do you have a legal question about a rear-end collision? Submit your question to our lawyers via the contact form. We will call you back the same working day.
Braking without traffic emergency
When braking without a traffic emergency (for example, when braking for animals), the car that rear-ends the car in front can recover its damage from the car that braked so suddenly. See also our article: Rear-end collision caused by sudden hard braking.
Summary
According to the law, the car driving behind, which collides with the back of your car, is almost always at fault. Exceptions are situations where you ‘cut off’ the vehicle in front of you when changing lanes or overtaking. You can also be blamed for a rear-end collision if you suddenly brake hard without a traffic emergency. For example, when you unexpectedly apply the brakes at a green traffic light, speed camera, traffic sign, or when an animal crosses the road. Yet even in these cases, the driver behind must keep a sufficient distance. If he did not keep enough distance, he is still at fault for the rear-end collision.
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