A Rear-end collision is one of the most common types of car accidents in this regard, and in most of these cases, the determination of fault becomes relatively quite easy. The scenario can be a bit complicated, and in Victoria, how fault would be determined in a rear-end collision and the conveyance of such determination of fault would go a long way in allowing you to work your way through the results of the crash.
What Is a Rear-End Car Accident?
A rear-end collision is when one vehicle crashes into the back of another vehicle. The accidents mostly occur in heavy traffic, at the traffic lights, or in situations where the leading vehicle stops suddenly. The rear-end collisions may create serious damage to both vehicles and can lead to injuries ranging from whiplash to trauma.
Determining Fault in Victoria
In most parts of Australia, including Victoria, the driver who crashed into the vehicle directly in front of them is usually presumed to be at fault. The argument is that the driver at the back ought to be at a safe distance referred to as stopping time, which should prevent the accident. As the general rule, there also exist such exceptions.
Sudden and Unexpected Stops: If the driver of the leading vehicle comes to a sudden stop, without warning and for no apparent reason, then the driver of the following vehicle may argue that the sudden stop caused the accident, potentially placing blame in part or in full on the leading driver.
Malfunctioning Brake Lights: Assuming, for instance, that the offender’s vehicle had no working brake lights on the front and none on a trailer that may be hitched to the vehicle, it could be determined that the fault had to have been at least partially the following driver’s.
Reverse Collisions: If the leading vehicle was reversing at the time of the collision, then the driver of the following vehicle may not be liable.
Multi-Vehicle Collisions: Chain reaction accidents with many vehicles are a little more complicated. Often, these accidents are considered the fault of the driver who caused the initial collision, but other involved drivers might share some proportional liability.
Understanding who is at fault following rear-end collisions in Victoria is a crucial part of ensuring your rights are protected and you do what is right. Often, the following driver in a rear-end collision is considered to be at fault. But in some specific situations, this presumption changes; learn about your responsibilities and legal consequences so you can conduct yourself properly as a following driver after a rear-end collision.
