With approximately 30% of all traffic crashes recorded as rear-end collisions, these accidents are one of the most common types of motor vehicle mishaps in the Buckeye state.
According to the Ohio Department of Public Safety, there are approximately 80,000 rear-end collisions per year. Of those, about 20,000 resulted in injury with 60 fatalities. These accidents range from low-speed collisions in residential areas or parking lots to high-speed freeway crashes.
A rear-end collision denotes a traffic accident where a vehicle crashes into the back of another. This typically happens when the leading vehicle stops or slows down, and the trailing vehicle fails to stop in time, leading to a rear-end collision.
Mostly, the driver who rear-ended the vehicle in front is considered at fault for failing to keep a safe following distance. Common reasons for these accidents include distracted driving, speeding, drunk driving, or failing to adapt to road conditions.
Rear-end collisions can lead to a variety of injuries, ranging from minor to severe. The common injuries that individuals might sustain in such accidents include:
Quick medical attention after a rear-end collision is recommended, even if the injuries initially seem minor. This is particularly important in addressing injuries that might not show symptoms immediately but can have long-term health consequences. Medical treatment will also establish a connection between the injuries sustained and the rear-end collision.
So who is at fault in a rear-end collision? The general assumption is that the rear driver is at fault in a rear-end accident, however, some situations call for the lead driver or for multiple drivers to share liability.
Ohio Revised Code Section 4511.21 addresses liability concerning rear-end collisions. Under the statute “no person shall drive any motor vehicle at a greater speed than will permit the person to bring it to a stop within the assured clear distance ahead.”
A violation of this law is commonly known as failure to maintain assured clear distance ahead (ACDA).
As with any traffic crash in Ohio, establishing liability requires proof that the defendant (often the rear driver in rear-end collisions) involved in the accident was at fault. Every driver has a general duty of care to operate their vehicle with the same skill level that one would expect from a reasonable and prudent driver. In a rear-end collision, the lead driver must show that the rear driver acted negligently by not exercising proper care and skill and that this failure was the direct and proximate cause of the accident. Proximate cause means the collision wouldn’t have occurred but for the rear driver’s negligence.
Different types of negligence that violate traffic laws and cause rear-end collisions include distracted driving, following too closely, intoxicated driving, unsafe lane changes, speeding, and having worn-out brakes or tires. Ohio has also enacted a ban on texting while driving which is codified in Ohio Revised Code Section 4511.204. If a police report, phone company records, or other evidence suggests that the other driver was texting immediately before the crash, there is a strong case for negligence.
In a civil suit, the legal doctrine of negligence per se applies to a violation of the ACDA statute. If the other driver admits guilt or pleads guilty to an ACDA infraction by paying their ticket, as a matter of law they are considered negligent or at fault. If there’s an ACDA violation, it’s very difficult to dispute fault or negligence in a rear-end collision case.
In a rear end collision, it’s not uncommon for both or multiple drivers to be partially at fault for an accident. Ohio is considered a “comparative fault” state. This means that under Ohio’s comparative negligence laws, a driver who is injured in an accident still has the right to recover damages regardless of whether or not they were partially at fault, but their damages will be reduced by their percentage of negligence. For instance, if you are found to be 25% at fault for an accident and the other driver is 75% at fault, the other driver is responsible for 75% of your damages.
However, if one is found to be more than 50% at fault for a rear-end collision, then they may not recover losses from the other driver(s). Ohio follows a traditional tort system so if a driver is 50% at fault or less for an accident, and they’ve suffered damages, they may file a claim with the other driver’s insurance company or sue the other driver directly. Determining fault in a rear-end collision can be complicated and may require the testimony of experts in the field.
In general, insurance companies will assume that the rear driver is responsible for a rear-end collision. However, there are a few common instances in which the rear-ending driver may not be at fault. These include:
Pileups sometimes occur on highways and other busy roads. In this situation, the lead driver slams on their brakes for a traffic light or slower traffic ahead, coming to a stop. The person behind them stops, and then the driver behind them stops. The next car in line fails to stop in time rear-ending the vehicle in front of them causing a chain reaction. In this scenario, the driver at the end of the chain is at fault.
When a person is injured because another driver was negligent and rear-ended their vehicle, they are entitled to pursue compensation for physical, emotional, and economic damages.
This includes medical expenses, lost income, disability, disfigurement, as well as pain and suffering. Loss of consortium claims also allows the spouse or family of the injured or deceased to be compensated for their losses. While most car accident cases settle, it’s important to keep in mind that insurance companies try to reduce what they owe by denying their policyholder’s negligence or suggesting their policyholder shares liability for a rear-end collision.
Under Ohio law and the ACDA statute, there is a general presumption that the rear driver in a rear-end collision is liable for the accident. However, rear-end collision cases can be complicated, and determining fault may not always be so straightforward. There are many common instances in which the lead driver or both drivers are negligent and share some form of liability.
For those involved in a rear-end accident, it may be beneficial or necessary to consult a personal injury attorney to help navigate the complexities of a rear-end collision case.
If you or a loved one has been seriously injured, don’t hesitate to seek legal counsel with us right now!
Though rear end collisions happen all the time, some of them can be avoided through safe driving habits. Here are some tips that can help:
Having a lawyer by your side can significantly impact the outcome of your legal action. They can help you with the following:
Working with an Ohio car accident lawyer is the best way to safeguard your interests and rights. Fill out our form or call us today at 1.937.222.2222 for a free consultation.
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Before establishing Dyer, Garofalo, Mann & Schultz L.P.A., Doug Mann, a top Ohio Injury Attorney served as a bodily injury claims adjuster at a major insurance firm. With over 40+ years of experience, Doug’s background has proven invaluable in securing maximum cash settlements for his clients swiftly. Since leaving the insurance industry, Doug has devoted his entire legal career to assisting injured clients during their times of greatest need.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Doug Mann who has more than 20 years of legal experience as a practicing personal injury attorney.
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