Harlene Labrum | June 27, 2025 | Car Accidents
Rear-End Collision in Nashville: Who’s at Fault?
Rear-end crashes are among the most common types of motor vehicle accidents on roads nationwide, including here in Nashville, Tennessee. According to the National Highway Traffic Safety Administration (NHTSA), these crashes account for nearly one-third of all reported traffic accidents each year. While many people assume that the driver who hits another vehicle from behind is automatically at fault, the reality is more complex in a rear-end collision in Nashville and across the country.
Traffic laws generally require drivers to maintain a safe following distance, allowing enough time to react and stop safely if the vehicle ahead slows or stops suddenly. This legal obligation is the basis for the presumption that the rear driver is at fault in most rear-end collisions. However, there are important exceptions where the lead driver’s actions or vehicle conditions may contribute to or cause the crash.
Understanding how liability is determined in rear-end collisions is essential for protecting your rights with insurance companies and in court. At Labrum Law Firm, our trusted car accident lawyers help Nashville drivers navigate these complexities to ensure fair compensation when accidents occur. Whether you were the driver in the rear or the lead vehicle, knowing the common causes of rear-end crashes and the legal standards that apply can make a significant difference in the outcome of your case.
Common Causes of Rear-End Collisions
Rear-end collisions most often occur when a driver fails to respond appropriately to a slowing or stopped vehicle ahead. According to the National Highway Traffic Safety Administration (NHTSA), nearly half of rear-end crashes happen because the driver in the rear does not notice the vehicle ahead is slowing down or stopped.
Several factors contribute to this failure to respond in time:
- Distracted driving: Distractions such as texting, talking on the phone, eating, or interacting with passengers divert a driver’s attention from the road. NHTSA reports that distraction plays a major role in rear-end crashes, significantly delaying reaction times.
- Tailgating: Following too closely behind another vehicle leaves insufficient space to stop safely. When the lead vehicle brakes suddenly, the rear driver may not have enough distance to avoid a collision.
- Sudden stops or abrupt braking: Unexpected deceleration by the lead vehicle can catch the following driver off guard, especially in heavy traffic or congested areas.
- Poor weather or road conditions: Rain, fog, ice, and low visibility increase stopping distances and reduce a driver’s ability to see hazards ahead. Slippery roads also make it harder to brake effectively.
- Mechanical failure: Faulty brakes, worn tires, or malfunctioning brake lights can prevent a vehicle from stopping properly or alerting other drivers to its actions.
- Impaired or drowsy driving: Driving under the influence of alcohol or drugs, as well as fatigue, impairs judgment, slows reaction times, and increases the likelihood of rear-end collisions.
Research from the NHTSA’s 100-Car Naturalistic Driving Study highlights that the majority of rear-end crashes involve a stopped or decelerating lead vehicle, with human factors such as inattention and delayed recognition being the primary causes.
Is the Rear Driver Always at Fault?
Legally, there is a presumption that the rear driver is at fault because drivers are expected to maintain a safe following distance and be prepared to stop. Tennessee law requires drivers to keep a reasonable distance to avoid collisions. This presumption is based on the idea that the rear driver should anticipate changes in traffic flow and maintain control of their vehicle.
However, this presumption is not absolute. There are circumstances where the lead driver may share or bear full responsibility for the collision. This is where a thorough investigation becomes critical.
When the Front Driver May Be at Fault
Rear-end accidents are not always black and white. The lead driver can be partially—or even entirely—at fault in scenarios such as:
- Reversing Without Warning
If the front vehicle suddenly shifts into reverse, the rear driver may have little time to react. Thus, any driver who suddenly reverses in an active traffic lane or intersection without reason can be considered negligent. - Broken or Malfunctioning Brake Lights
In Tennessee, it’s illegal to operate a vehicle without functioning brake lights. If the lead driver’s brake lights are out, they could be found negligent. This is because, since the front vehicle’s lights are not working, the rear driver has less warning to slow down. - “Brake Checking”
Aggressive driving, such as intentionally slamming on brakes to intimidate a tailgater, can shift fault to the lead driver. According to the NHTSA, Sudden braking or ‘brake checking’ is a form of aggressive driving that puts everyone at risk. - Failing to Signal
Failing to signal before turning or stopping is a violation of traffic law and can contribute to liability in a crash. This failure can surprise the rear driver, especially at higher speeds or in poor visibility, and lead to shared fault.
In these instances, the rear driver may still bear some responsibility, but fault may be shared—or shift entirely—depending on the facts.
Tennessee’s Comparative Fault Rule
Tennessee follows a modified comparative negligence system, which means fault can be shared between both drivers. If you’re found to be less than 50% at fault, you can still recover damages—but your compensation will be reduced by your percentage of fault.
For example, if you are 20% at fault ( for instance, you were following too closely) and the other driver 80% at fault(for brake checking), and your damages total $10,000, you will be able to recover $8,000. However, if you are found 50% or more at fault, you cannot recover damages.
This is why it’s essential to have a skilled attorney evaluate your case. Fault percentages can be debated and negotiated—and the outcome has a direct impact on your financial recovery.
Proving Fault in a Rear-End Collision
Establishing liability in a rear-end collision requires a combination of solid evidence and legal understanding. Although rear drivers are often presumed to be at fault, this presumption can be challenged depending on the circumstances.
The following types of evidence are key in determining responsibility:
Police Reports
It is important to always call the police, even for minor crashes. Their report offers an objective third-party perspective and may include citations or observations that support your case.
Eyewitness Testimony
Independent witnesses, such as pedestrians or nearby drivers, can offer valuable perspectives on how the accident occurred. Their observations may support claims of tailgating, distracted driving, or sudden, unjustified braking by the lead vehicle.
Dashcam or Surveillance Footage
Video evidence is often one of the most persuasive forms of proof. Whether from a dashcam, nearby traffic camera, or surveillance system from a local business, video can capture the exact sequence of events and driver behavior leading up to the collision.
Vehicle Damage and Accident Reconstruction
The pattern and extent of damage to both vehicles can reveal important clues about the angle, speed, and force of the impact. In more serious cases, accident reconstruction experts may be brought in to analyze physical evidence and recreate the crash, helping to clarify what happened and who is at fault.
Phone Records
If there’s reason to believe the driver was distracted, investigators may obtain phone records or text logs through a subpoena to verify whether the individual was using a mobile device when the accident occurred.
What to Do After a Rear-End Collision in Aiken
In the aftermath of a collision, your actions can significantly affect both your health and your claim. Here’s what you should do:
Seek Medical Attention
Even if you feel fine, injuries like whiplash or concussions can take some time to show symptoms.
Call the Police
Getting an official record of the crash will be vital for insurance and legal purposes later on.
Document the Scene
Ensure to take pictures of all vehicles, road conditions, damage, debris, and traffic signs.
Do Not Admit Fault
Avoid making statements like “Sorry, I didn’t see you”, “I was distracted”, or any other statements that can be deemed as an admission of fault as they can be used against you later.
Contact a Personal Injury Lawyer
Early legal guidance can prevent missteps and protect your rights—especially if fault is in question.
How a Car Accident Lawyer Can Help After a Rear-End Collision in Nashville
At Labrum Law Firm, we understand how quickly things can get complicated after a crash. Here’s how we help:
Investigating the Accident
We start by gathering and analyzing evidence to build a strong case – from witness statements to traffic camera footage and black box data.
Dealing with Insurance Companies
Our team handles the back-and-forth with insurers who may try to undervalue or deny your claim.
Filing Claims and Negotiating Settlements
We manage all legal procedures to maximize recovery.
Defending Your Interests in Court
If your liability is disputed, we’re prepared to fight in court to prove your side of the story.
A Rear-End Collision in Nashville Can Be Complicated—Let a Lawyer Help You Prove Fault
Rear-end collisions are often more complex than they appear. While the rear driver is usually presumed at fault, exceptions exist that can affect liability and compensation. If you’ve been involved in a rear-end collision in Nashville, contact Labrum Law Firm today at (615) 338-9500. We’ll help you understand your rights, gather crucial evidence, and fight for the compensation you deserve.
