Rear end auto accidents are the single most common type of car accident. Rear impact collisions occur on an average of 2.5 million times a year. In recent times, the front end and rear end of cars, which were once built and engineered to withstand a small rearend collision, are now need only with stand a tiny impact .
failure to yield
many rear-end collisions are the result of a driver paying less then the needed attention. In most states the law presumes the rear-ending motorist is liable, there are few laws that actually directly address paying to little. This is most commonly referred to as lack of action (or is combined with) failure to yield?, ?following to closely?, ?driving too fast for conditions? or ?failure to maintain control of a motor vehicle?. This, or course sometimes open the door to rebuttal from the rear-ending driver that the situation presented an unavoidable circumstance that he or she could not avoid. For example, if a car makes an inopportune lane change or is mechanically unsound and is struck in the rear as a direct result, the striking vehicle may be able to overcome the presumption of fault and escape liability.
Comparative negligence. if you have been rear-ended, your carelessness might reduce your recovery. If your brake lights or taillights were not functioning it might have been your fault -- especially night crashes. Or, ff your car had mechanical problems but you failed to do all that you could to move it off the road. Finally, if you cut in front of the rear-ending vehicle at the last second and a collision results, a judge or jury may have to decide whether you share some of the liability.
Lability is almost always the responsibility of the car in the rear
If you are rear-ended, the fault of the person who hit you from behind is almost bound to be found at fault A key rule of driving is that you must make sure there is enough space between you and the car in front of you for you to stop safely. -