While this appears to be a very simple, straightforward question, it often is not. Let’s address the simple answer first: If you are hit from behind while driving down the road, it is usually the other driver who is at fault. But the real issue here is who was negligent in their driving. Negligence is the basis for most car accident claims, and the negligent person is responsible to compensate for any damage or injury caused by their failure to drive responsibly.
Rear end accidents are almost always due to the driver tailgating, driving too fast, or driving while distracted – all cases of negligence. However, in a very few circumstances, the other driver may be at fault. For more information regarding these types of cases, call Ligori & Associates and we will be happy to help.