Rear-end collisions are among the most common types of car accidents in Washington. They often happen suddenly, such as when a driver stops abruptly or when someone isn’t paying attention. While many people assume the rear driver is always at fault, that isn’t always true under the law.
Who’s ultimately at fault in a rear-end accident depends on many things, including the unique facts and circumstances of the case at hand. If you’ve been hurt in this kind of crash in Washington State, understanding how fault is determined can help you protect your right to maximum compensation.
How Does Negligence Work in Rear-End Crash Cases?
Like most states, Washington follows a fault-based insurance system for car accidents. This means the driver whose negligence caused the crash is financially responsible for the resulting damages. Negligence, which essentially means the same thing as carelessness, refers to failing to act with reasonable care to avoid harming others.
In most cases, the rear driver is presumed to be at fault because drivers are required under RCW 46.61.145 to maintain a safe following distance. For example, if they were tailgating, distracted, or speeding, they likely violated this duty. Common causes of rear-end collisions include:
- Following too closely
- Distracted driving, such as texting or eating
- Speeding
- Drowsy driving
- Failing to brake in time
However, this presumption isn’t absolute; the lead driver’s actions also matter.
When the Front Driver May Share Fault
Sometimes, the front driver can be partially or even primarily responsible for a rear-end crash. Examples include:
- Suddenly reversing without warning
- Slamming on the brakes for no reason
- Driving with broken brake lights
- Pulling out into traffic unsafely
- Stopping in the roadway to make an illegal turn
Since Washington uses a pure comparative negligence system (RCW 4.22.005), fault can be shared between multiple drivers. Each party’s compensation is reduced by their percentage of fault. For example, if you were found 10% at fault for the crash, your total recovery would be reduced by 10%.
This law means it’s critically important to gather evidence showing the other driver’s negligence was the primary cause. Otherwise, you could walk away with less than you’re owed under the law.
How Police and Insurance Companies Determine Fault
Both law enforcement and insurance adjusters will generally review the evidence after a rear-end accident to decide who was responsible. Police reports, witness statements, dashcam footage, and photos from the scene all play an important role in this process. Insurance companies also look at repair patterns, as damage to the front of one car and the rear of another can often help indicate how the crash occurred.
However, these entities don’t always get it right. If the report unfairly blames you, an experienced Tacoma car accident attorney from our law firm can help gather additional proof and work to protect your right to compensation.
Contact Sears Injury Law for Help After a Rear-End Crash
If you were injured in a rear-end accident in Washington, you may be entitled to recover damages for all of your crash-related losses, including for your pain and suffering. Sears Injury Law has over 100 years of combined experience and has recovered more than $300 million for clients statewide, so we’re well-qualified to help you throughout the legal process.
Call (253) 286-7444 today or message us online to schedule a free initial consultation. We’ll be at your side every step of the way and won’t hesitate to take your case to court if needed.
