Rear-end crashes are among the most common types of motor vehicle accidents. When a lead vehicle stops abruptly and causes a rear-end collision, the fault is not always automatic. Indiana uses a modified comparative fault system, which means responsibility can be divided between both drivers based on their actions leading up to the crash. The fault of the crash depends mostly on the context of what led to the collision.
Factors that determine fault
The law recognizes that the front drivers can be negligent making a crash completely unavoidable for the motorist behind them. The front driver could share the majority or entirety of the fault if they stopped under the following circumstances, such as:
- Brake-checking: Intentionally slamming on the brakes due to road rage or other unnecessary reasons, causing an avoidable crash
- Broken brake lights: Failing to repair brake lights that are burned out or broken, leaving the following driver with no visual warning to stop
- Aggressive lane cutting: Cutting in front of another driver and immediately braking, leaving no time to react
- Unlawful stopping: Stopping suddenly in the middle of a moving travel lane for no apparent safety reason
The drivers are legally obliged to maintain a reasonable following distance behind a vehicle. If the front vehicle stops for a valid reason and you hit them you could be held liable for tailgating, distracted driving or failure to maintain safe distance.
What’s next after a crash?
Determining fault after a sudden-stop crash can be complex. However, Indiana’s strict two-year statutory limitation for personal injury claims makes it important to act promptly. If a rear-end collision injures you or your loved ones, an Indiana car accident attorney could help you understand your rights and how fault may affect your claim.
