Getting hit from behind is one of the most jarring experiences you can have on the road. One moment you’re waiting patiently at a red light, and the next, your world lurches forward with the sound of crunching metal.
Most people assume the driver who rear-ends the other is always at fault. And in many cases, that’s true. But like most things in life, it’s not always that simple.
When the driver behind isn’t entirely to blame
While the rear driver is usually presumed to be at fault, due to following too closely or failing to stop in time, there are situations where the lead driver may share some of the responsibility. For example, if a car suddenly brakes for no reason or has malfunctioning brake lights, it can complicate the fault equation.
Other exceptions include situations where a vehicle stalls in traffic without hazard lights, reverses unexpectedly or is part of a chain-reaction collision. In these cases, insurance companies and investigators may dig deeper into the circumstances before assigning liability. It’s not about who hit whom, it’s about why and how it happened.
Fault in rear-end crashes is often determined through a combination of
- Police reports
- Witness statements
- Vehicle damage assessments
- Even accident reconstruction experts
If you were injured in a collision where fault isn’t clear-cut, it’s important to make sure your side of the story is fully understood and documented.
Oklahoma follows a modified comparative negligence rule, which means more than one driver can be found partially at fault for an accident. If you’re found to be less than 50% responsible, you can still recover damages, but your compensation will be reduced by your percentage of fault. For example, if you were found 20% responsible, perhaps for not reacting quickly enough, but the other driver was 80% at fault for slamming on their brakes with no warning, your compensation would be reduced by 20%. This makes careful documentation and legal advocacy especially important when fault is disputed.
Getting clarity on your rights after a car accident doesn’t have to be overwhelming. If you’re dealing with pain, medical bills or lost time at work, reaching out for legal guidance can help you walk you through your options and help protect what matters most.