Author: Landyn Gautreau
Who is at Fault in a Rear-End Accident?
Rear-end collisions are one of the most common types of car accidents. But when it comes to determining fault, it’s not always as simple as it seems. In Louisiana, the rear driver is typically presumed at fault, but this presumption can be challenged under specific circumstances.
In this article, I will explain how fault is determined in rear-end collisions, how the burden of proof works, and what evidence can help overcome the presumption of fault. If you’ve been involved in a rear-end collision, the experienced team at Saunders & Chabert can help you navigate the legal process.
What Louisiana Law Says About Rear-End Collisions
Louisiana law generally places fault on the rear driver in a rear-end collision. According to Louisiana Revised Statutes 32:81(A), the driver following another vehicle must maintain a safe distance, considering speed, traffic conditions, and the state of the road.
Why does the rear driver bear the blame? It usually comes down to not maintaining a safe following distance or failing to react in time. The law presumes that if you hit the vehicle in front of you, it’s because you were too close or not paying enough attention.
Case Example: Cheairs v. State ex rel. Dept. of Transp. & Dev. (2003)
In this Louisiana Supreme Court case, the burden of proof was placed on the rear driver to demonstrate that they were not at fault. This means that once the presumption of fault was established, the rear driver showed that the lead driver’s actions were unpredictable or that an unavoidable emergency occurred.
Proving You Weren’t at Fault: It’s Possible!
If you were the rear driver and believe the collision wasn’t your fault, it’s essential to understand that Louisiana law gives you a chance to prove your case. You can challenge the presumption of fault by demonstrating that:
- The front driver braked suddenly and without cause.
- The front driver’s brake lights were not functioning.
- An unexpected emergency occurred that was beyond your control.
Evidence that can help your case:
- Dashcam footage showing the lead driver’s erratic behavior.
- Witness statements backing up your claim of sudden braking.
- Mechanical reports proving that your brakes failed due to a defect, not negligence.
When the Lead Driver Might Be at Fault
There are situations where the front driver’s actions can shift the blame. These include:
- Stopping abruptly without a valid reason.
- Reversing into the vehicle behind.
- Driving with non-functional brake lights.
- Cutting off another vehicle recklessly.
Why does this matter? Because proving that the lead driver acted negligently can change the entire outcome of your case. At Saunders & Chabert, we meticulously gather and analyze all the evidence to ensure your side of the story is heard.
The Burden of Proof: How We Fight for You
Once the presumption of fault is established, it’s up to the rear driver to prove otherwise. This burden of proof can feel overwhelming, but that’s where our team steps in. We dig deep to uncover the facts, from gathering dashcam footage to consulting experts, and fighting tirelessly to present a strong case on your behalf.
Rear-end accidents can seem cut-and-dry at first, but the reality is often more complicated. Whether you’re presumed at fault or challenging that presumption, having the right legal team on your side makes all the difference.
If you’ve been involved in a rear-end collision and need help proving your case, contact Saunders & Chabert today to schedule a free consultation. We’ll fight to protect your rights and pursue the compensation you deserve.