Rear-End Collisions in Scottsdale: Who’s Truly at Fault?

According to the Arizona Department of Transportation 2021 Crash Facts, rear-end collisions accounted for more than 39% of all multi-vehicle crashes that happened in the state in 2021. Out of 39,437 rear-end collisions, as many as 70 of them resulted in fatalities, and over 11,000 collisions resulted in injuries. But how do rear-end collisions happen, and who is really to blame for them? Get the facts and learn when to seek legal help after a rear-end collision.

How Do Rear-End Collisions Happen?

A rear-end collision happens when one vehicle fails to apply the brakes and collides with the vehicle in front of it. This is a common type of collision observed in areas with congested traffic or during bad weather that causes slick roads and low visibility.

A common reason for this type of accident is distracted driving. Many rear-end accidents happen because the driver of the second vehicle is distracted and fails to notice that the first vehicle in front of them has slowed down or come to a stop. Another common reason for rear-end collisions is following too closely. If a vehicle is “tailgating” another vehicle, there wouldn’t be enough space between the two vehicles if the first vehicle had to suddenly slam on the brakes to avoid hitting an animal crossing the road, for example.

Are You Always at Fault if You Rear-End Another Vehicle?

If you rear-end another vehicle, you may automatically think that you will be at fault for the accident. While a large number of rear-end collisions are caused by the driver of the vehicle that crashes into the other vehicle, there are a few situations where the driver of the first vehicle may also be partially or completely responsible for the accident.

This is true if, for example, the driver in front of you suddenly stops in an unexpected area, such as an active traffic lane, or switches lanes and cuts in front of you while you are traveling at faster speeds. They may also cause a rear-end collision by suddenly braking to make a turn and not using turn signals or even brake-checking someone they believe is following them too closely. If you have been involved in a rear-end collision and you believe it was caused by the other driver, it is best to speak to a Scottsdale attorney for auto collision cases to discuss your case.

Can You Get Compensation for a Rear-End Collision if You Are Partially Responsible for It?

Suppose you were in a hurry to get home, and there was another driver in front of you on the highway. Traffic was somewhat congested but still flowing, but the driver of the front vehicle was going five mph under the speed limit and slowing things down even more. You end up following that car closely in an attempt to make the driver go faster, as the lane to your left is too busy, and you can’t pass the slow vehicle in front of you. However, that driver notices what you are trying to do, gets annoyed, decides to brake-check you, and slams on the brakes. Since you were following that car too closely, you are unable to stop and end up colliding with it.

In this case, it could be determined that you may be 50% at fault for the accident, as Arizona traffic laws require drivers to leave enough space between vehicles and to keep a safe distance. If you were not following the vehicle too closely, you may have been able to avoid the crash. On the other hand, brake-checking another vehicle may be considered reckless or negligent driving, meaning the driver of that vehicle is also 50% at fault for the accident.

In this case, Arizona’s comparative negligence rules would be applicable. As a comparative negligence state, Arizona allows someone who is partially responsible for their own accident to recover damages for it, but the total amount of damages the person may recover is reduced by the percentage of responsibility attributed to them. In our example, you may still be eligible for compensation, but the amount of money you receive would be reduced by 50%. If you believe you are partially responsible for your crash, an attorney may be able to help you reduce your percentage of liability and maximize your compensation.

What Kind of Damages May Be Available for a Rear-End Collision Claim?

Many rear-end collisions result in property damage to both vehicles and mild injuries such as whiplash, but collisions that happen at higher speeds have the potential to cause severe injuries that require emergency medical care and hospitalization. If you are involved in a rear-end collision, you may be able to recover damages for your injuries, medical expenses, lost wages, and the cost of repairing or replacing your vehicle. In addition, you may also be able to recover non-economic damages, which include the more subjective impact of the accident, such as pain, suffering, and emotional distress.

In general, the value of your case is determined by the severity of your injuries and the amount of damages resulting from the accident. Rear-end collisions that result in serious injuries and damages may typically result in higher settlements than less severe accidents. It is crucial to work with a skilled rear-end collision attorney if you have been hurt or had your vehicle damaged in a rear-end crash to make sure your rights to compensation are protected. The Wilson Ortiz Law Firm represents clients in Scottsdale and surrounding areas, assisting them with a variety of motor vehicle accident cases and fighting to secure maximum compensation for their damages. Reach out to the Wilson Ortiz Law Firm at 623-294-1442 for a free consultation to discuss your case and see how we can help.