Is the Rear Driver Always at Fault in Rear-End Collisions?
Most drivers automatically assume that if someone hits them from behind, that driver is always at fault. And in Nevada, the law does presume that. But it’s not absolute. Confused already? We get it.
This presumption is called negligence per se, but there are important exceptions that can shift or share blame. Here’s how it truly works and how to fight back if you’re not at fault. If you need a personalized consultation about your case, you might want to discuss your situation with our attorney from Mainor Ellis Injury Lawyers.
Tailgating Is a Misdemeanor and Grounds for Fault
Under Nevada Revised Statutes § 484B.127, following too closely is not just bad driving, it’s a misdemeanor. The law explicitly requires drivers to maintain a “reasonable and prudent” distance to be able to stop safely. So when a rear driver causes a crash by tailgating, they trigger a legal presumption of negligence.
In plain English: start your case with the assumption that the driver behind you broke the law unless they prove otherwise.
That Presumption of Fault Can Be Challenged
The law allows for rebuttal. If the rear driver can show circumstances beyond their control (e.g., a sudden and unnecessary brake, faulty brake lights, or a mechanical failure on your car), that shifts liability. Reasons include:
- Abrupt, unexplained braking (“brake-checking”)
- Faulty rear brake lights leaving the trailing driver blind
- The front vehicle reversing suddenly
- Unexpected hazards, like debris or a crash ahead
The rear driver bears the burden to prove these scenarios, so it’s far from automatic fault. Working with a Las Vegas rear-end collision lawyer may help you challenge the presumption of fault if you’re the rear driver, so legal counsel might be worth the shot.
Comparative Negligence: Fault Isn’t Always 100% Assigned to One Party
Nevada follows a modified comparative negligence rule: even if you’re partially to blame, you can still recover compensation as long as your share of fault is under 51%. If you’re assigned 20% negligence, you can still get 80% of your damages. Go over 50%, and you get nothing.
That means even if you contributed to or failed to avoid the accident, you can still claim and win some responsibility from the other driver.
Third Parties and Front-Driver Fault
In some scenarios, the front driver—or even a third party—can bear real fault. Cases include:
- A sudden vehicle malfunction
- A pedestrian or another car cutting in
- The front driver stopping abruptly for no reason
- Broken brake lights that didn’t signal your need to stop
These situations call for forensic analysis, which includes analyzing everything from police reports to dashcam footage to eyewitness statements, to prove the flow of blame.
What You Can Do Immediately After a Crash to Ensure a Fair Assignment of Fault
Pull over safely, take photos of vehicle positions, damage, skid marks, and road conditions. Record brake light status and other environmental clues. Get a police report, gather eyewitness names, and preserve dashcam footage if available.
Not Sure About Fault in Your Case? Let’s Talk
Most people assume the rear driver is at fault in rear-end crashes, but that’s simply not true. Legal exceptions and shared responsibility are very real.
Been rear-ended or disputed fault? Call Mainor Ellis Injury Lawyers today. We’ll help you gather proof, rebut wrongful assumptions, and fight for the accountability and compensation you deserve. Call our office at 702-450-5000 for a free case review.
Source:
leg.state.nv.us/nrs/NRS-484B.html#NRS484BSec127
