Rear end collision

UPDATED: Oct 1, 2022

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Rear end collision

Going down the interstate and the car in front of me hit the rear end of the car in front of her causing me to slam on my brakes then in return hit her in the rear who is at fault?

Asked on August 23, 2017 under General Practice, Tennessee


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

There are two drivers at fault, who can both be liable for the damages from the accident, based on what you write: the car in front of you, who rear ended the car in front of it; and you, who rear ended a car, too. The law presumes that any driver who rear ends another car is at fault, since they are obligated to keep an appropriate following speed and distance, and to pay sufficient attention as to be able to react promptly, so as to not hit a vehicle in front of it if that vehicle stops short any any reason (e.g. debris, accident, pedestian, deer, large pothole, mechanical failure, etc.). Almost always, if you hit the car in front of you because it slowed or stopped suddenly, you were at fault, since you should have maintained a speed and distance so that if they stop, you can stop, too.
In the situation you describe, the only not-at-fault driver is the third one, the one who was hit from behind by the car in front of you.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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