Rear-end accidents are more common than other types of wrecks in Maryland. Common causes include tailgating, excess speed, distracted driving, and failing to react quickly enough to traffic that slows down ahead. Since rear drivers are usually to blame for these accidents, does that mean you are automatically at fault if you rear-end someone in Maryland?
While drivers should keep enough distance between themselves and the car in front of them to prevent a collision, a reckless driver who suddenly slams on their brakes to cause a fender-bender could be liable despite being hit. Assuming you are at fault for a rear-end accident could block you from getting compensation for injuries you suffer, like whiplash. Having our attorneys and accident reconstruction experts piece together the collision’s true cause could let you file a lawsuit and prevent Maryland’s pure contributory negligence rules from barring your recovery.
For a confidential and free case review from our Maryland car accident lawyers, call Rice, Murtha & Psoras today at (410) 694-7291.
Are You at Fault If You Rear-End Someone in Maryland?
While many people assume the driver who rear-ends a car on the highway is automatically at fault for injuries to the occupants and damage to the car, that is not always the case. While it may be tricky to prove you were not at least partially to blame for an accident if you crash into a car in front of you, it’s not impossible.
Rear-Enders Caused by Tailgating
According to Md. Code, Transp. Art., § 21-310(a), drivers may not follow other cars too closely and must consider the flow of traffic and the speed of the front vehicle when driving. Tailgating is a top cause of rear-end accidents and occurs when one driver fails to leave enough space between their car and another driver’s, preventing them from being able to slow down and come to a sudden stop safely. If you follow another car too closely, and that’s the sole cause of the crash, you could be liable, even if you also suffer injuries.
Rear-Enders Caused by Sudden Reversing
Tailgating might be the perceived cause of many rear-end accidents initially, only for further investigation to reveal another reason for the wreck. For example, while Maryland has laws against tailgating, it also prevents drivers from recklessly reversing in response to other cars that might be following too close for their comfort. For example, § 21-1102 requires drivers to ensure that backing up is safe and won’t interfere with another vehicle or object. If a driver backs up and causes a collision, then that driver would be liable for the accident.
Rear-Enders Caused by Brake Checking
Furthermore, you may not be liable for a rear-end accident due to another driver’s brake checking, which may be considered reckless driving in Maryland. Frustrated drivers who slam on their brakes to catch a following driver off-guard may be held responsible for any damages victims incur during fender-fenders.
Rear-Enders with Other Causes
Other scenarios where the rear driver may not be liable include if a motorist suddenly stops to make a turn and fails to make the turn, gets a flat tire but fails to pull over and does not put on the vehicle’s hazard lights, suddenly pulls in front of you from a side road without yielding, making you slam into it from behind, or slams on their brakes in front of you for no reason while intoxicated, and you hit their car.
What if You Share Fault for a Rear-End Accident in Maryland?
Maryland has a strict contributory negligence rule that penalizes drivers who are to any degree at fault for a wreck. This means that you cannot receive compensation if you share blame for a rear-end accident, which our lawyers can help avoid.
Sharing fault for any car accident would bar you from damages in Maryland, and being part of a rear-end crash could complicate your recovery when liability is unclear. For example, suppose you accept fault in some capacity at the scene when speaking with responding police officers or the other involved driver. That might be used against you later if you eventually seek damages for medical expenses and other losses.
Without additional investigation or clear evidence indicating otherwise at the scene, it’s often assumed that the rear driver is at fault for a fender-bender, whether by the police or insurance companies. Filing insurance claims for rear-end accidents can be especially challenging if you struck the other driver, even if their negligence made you do so. The insurance company for the driver you ran into will likely claim you followed too closely before the wreck, or you should have had time to stop and slow down but were driving too far over the speed limit to do so.
To prove you do not share fault for a rear-end accident despite being the following driver, our Maryland car accident lawyers will quickly identify and preserve evidence. Accident reconstruction experts able to piece together the sequence of events can give statements in court, which we may further corroborate with eyewitness testimony after conducting interviews.
How Often Are Rear Drivers at Fault for Rear-End Accidents in Maryland?
A rear-end collision, also called a rear-ender, is a crash in which a car, truck, van, bus, motorcycle, or another vehicle crashes into the back of a vehicle in front. Since rear drivers are often at-fault, liability might be assumed after fender benders, preventing the actual victims from getting the compensation they deserve.
Common rear-end accident scenarios include traffic stopping for a red light and vehicle behind failing to slow down, drivers failing to react to a car stopped to make a turn, cars crashing into each other in foggy conditions, drivers losing control on snow or ice, and hitting a car ahead, cars hitting vehicles that emerge in front of them at intersections, and distracted drivers failing to realize traffic has slowed down or stopped ahead.
Just because many rear-end accident scenarios are complicated and liability often falls on the following driver, that is not necessarily true in your case. Especially if you suffered injuries yourself during the accident, like soft tissue damage in your neck, confirming liability and seeking compensation for your damages is important.
Reasons to Seek Damages from at-Fault Drivers After Rear-End Accidents in Maryland
According to the National Safety Council, rear-end collisions comprised 37.5% of all motor vehicle accidents within injuries in 2022. While, typically, the injuries sustained in rear-end wrecks are less acute than those associated with head-on collisions or T-bone accidents, these accidents often cause neck injuries. The neck is very fragile and contains a complex network of nerves, discs, and bones, and whiplash is a real risk during rear-end accidents, even for following drivers.
While whiplash is very common during fender-benders, victims could suffer even worse neck injuries. For example, collisions can damage the rubbery discs between the spinal bones and cause the jelly-like substance inside them to push through a crack in the tougher exterior casing. The deformed disk can push on nerves and cause extreme pain. Some herniated discs require surgery, but many heal on their own. While recovering, victims might be unable to work, resulting in additional damages from lost wages they deserve compensation for.
Other common rear-end accidents include knee injuries, broken bones, shoulder injuries, spinal cord injuries, and facial fractures, all of which may require immediate and long-term medical care.
While often viewed as less serious than other collisions, rear-enders can cause extremely serious injuries and fatalities, depending on the speed of the rear-end collision and the vehicles involved. For example, if a heavy tractor-trailer plows into a stopped passenger car ahead of it, the consequences could be catastrophic to the occupants.
Who is at Fault for a Chain-Reaction Rear-End Accident in Maryland?
Some rear-end accidents are far more complicated than others, causing chain reactions that end up involving multiple parties. When this happens, identifying the at-fault party can be even more difficult, so immediately contacting our attorneys is crucial.
In many cases, the driver of the vehicle that caused the first wreck will be held liable for the chain-reaction crash. However, the second driver could have been speeding or failing to obey the rules of the road. The courts might assign each driver a share of the blame, and our lawyers can work with accident reconstruction experts to parcel out liability so you get the compensation you deserve.
Call Our Lawyers in Maryland if You Rear-End Someone and Need Compensation
For a free case assessment from our Aberdeen, MD car accident lawyers, call Rice, Murtha & Psoras at (410) 694-7291.