Is the driver that rear-ends another car always liable for the accident?

UPDATED: May 15, 2014

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Is the driver that rear-ends another car always liable for the accident?

A truck was overturned on the interstate with no lights showing and blocking 2 lanes. The road was wet, no other vehicle had been involved and the driver received a ticket for an opened container. I tried to stop suddenly, but slid and hit the truck, damaging my vehicle. The owner of the truck is named first on the police report. Who is responsible for the accident?

Asked on May 15, 2014 under Accident Law, Florida


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The vehicle that rear-ends another vehicle is always liable for the accident.  The police report should state which party is liable for the accident.  The designation of a party as P1 ( first party), P2 (second party) in the police accident report is irrelevant as to which party is at fault in the accident.


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