Rear End Accident Lawyer in Phoenix

Arizona Rear End Collision Laws

Arizona does not treat every rear-end accident the same way. A rear driver is often blamed because Arizona law says a motorist must not follow another vehicle more closely than is reasonable and prudent. At the same time, Arizona also allocates damages according to each party’s percentage of fault. That means more than one driver can be legally responsible for the same crash.

In Arizona, rear end collision fault is determined under comparative negligence, which assigns responsibility based on each driver’s conduct and the evidence.

In plain terms, that means this: if the rear driver was tailgating, speeding, or distracted, that driver may carry most of the blame. But if the front driver also made an unsafe move, stopped without a valid reason, or drove with equipment problems that reduced warning to the driver behind, fault may be shared.

Additionally, Arizona operates as a pure comparative negligence system. This means that any driver involved in an accident can seek compensation, even if they are partially to blame. As long as they are under 100% to blame for the crash, they can recover compensation. However, it’s important to remember that someone’s recovery will be reduced by the percentage they are at fault.

For example, let’s say that the rear driver followed the lead driver too closely. Arizona law states that drivers must give each other enough room on the road. Because the rear driver failed to do this, they will most likely be held more at fault for the accident. If they are found to be 60% to blame, their compensation will be reduced by 60% if they pursue it.

What Is a Rear End Accident in Arizona?

Rear end collisions occur when the front of a rear vehicle collides with the back of a lead vehicle. These are some of the most common types of car accidents across the nation. While many rear end crashes do not result in injuries, they still have the potential to cause very serious, even fatal injuries.

Is the Rear Driver Always at Fault in a Rear-End accident in Phoenix?

No. The rear driver is often presumed to be at fault, but that is only the starting point. Liability in a rear-end collision depends on what actually happened in the seconds before impact.

A rear driver may be mostly or entirely at fault when the crash was caused by:

• Following too closely
• Distracted driving
• Speeding
• Failure to brake in time
• Driving under the influence
• Inattention in stop-and-go traffic

But the front driver may share fault, or in some cases carry most of it, when the facts show an unsafe maneuver or a failure to properly warn other drivers.

When the Front Driver May Be Responsible

A front driver may share liability in a rear-end collision when the evidence shows that driver created an unreasonable hazard. In Arizona, drivers must make turns and lateral movements only when they can do so with reasonable safety. Arizona law also requires functioning stop lamps, and it restricts backing unless the movement can be made with reasonable safety and without interfering with other traffic.

Examples include:

• Brake-checking: slamming on the brakes to intimidate the driver behind
• Broken brake lights or stop lamps: reducing the warning available to the following driver
• Unsafe lane changes: cutting into a lane without enough space
• Sudden turns or merges: moving into traffic when it is not reasonably safe
• Reversing into traffic: backing up when doing so interferes with other vehicles

These facts do not automatically clear the rear driver. But they can change how fault is divided and how much compensation may be available.

What Happens to Your Body When You Are Rear Ended?

Many people don’t have more than a split second to prepare for a rear end collision if they have any time at all. These crashes tend to happen suddenly and without warning, which means you can’t brace yourself for the impact. The mechanics of a rear end accident are very important to understand if you want to learn how the crash affected your body.

At the moment of the impact, the momentum from the rear vehicle is transferred to the vehicle ahead of them, as well as the lead driver’s body. The higher the rear vehicle speed is at the time of the accident, the more damage that can occur. When the rear car strikes the back of your car, your body will jerk forward against your seatbelt, then snap backward against your seat. This generates a tremendous amount of strain and pressure on your head, neck, and back.

In high speed crashes, victims tend to suffer more severe injuries. This is because more force was exerted on their bodies during the accident. Injured victims can suffer a wide variety of injuries to varying degrees of severity.

Common Injuries in Rear End Collisions

In a rear end accident, the severity of a victim’s injuries largely depends on how much force their body endured during the crash.

Rear-end collisions can cause much more than minor soreness. Whiplash often happens when the head is thrown backward and then forward with force, and that rear-end car crashes are a common cause. Rear-end collisions can also cause neck pain, back injuries, concussions, and in severe cases possible spinal cord trauma that needs immediate evaluation.

Common injuries after a rear-end collision may include: