Rear-end collisions happen everywhere—from sudden stops in rush-hour traffic to chain-reaction pileups. Keeping a safe following distance is critical, and liability usually focuses on whether the trailing driver could stop in time. When fault is disputed, an experienced Ohio car accident attorney can investigate quickly and protect your claim. Gervelis Law Firm offers free consultations and takes action—fast.
The Presumption of Fault in Rear-End Accidents
The most common causes of rear-end accidents are following too closely, speeding, distracted or impaired driving, and unsafe lane changes. In many rear-end crashes, insurers and courts infer trailing-driver fault if the evidence shows that they violated safe-distance and assured-clear-distance principles.
According to the Ohio Digest of Motor Vehicle Laws, you should never follow too closely and keep a 3-4 second gap between your vehicle and the one ahead. Ensure the car in front has enough time to stop safely with a clear distance ahead—more is advised in rain, snow, or poor visibility.
Still, there are times when the front driver could have played a role in the accident and could share or bear responsibility for the crash when determining who is at fault.
Exceptions: When the Front Driver May Be at Fault
There are exceptions to the following drivers always being found at fault in rear-end crashes, and the front driver could be at fault, or share responsibility.
The lead driver may share or bear fault if they:
- Brake abruptly without cause, leaving no reasonable time to react.
- Have broken or missing brake lights, preventing drivers behind from knowing they’re slowing.
- Reverse into traffic or merge/cut in unsafely, leaving inadequate stopping distance.
- Stop in a travel lane due to a breakdown and fail to move fully off the roadway or activate hazard signals.
- Engage in aggressive driving (e.g., brake-checking) that foreseeably triggers a rear-end impact.
Drivers should always keep a safe distance between themselves and other vehicles to prevent rear-end collisions. Ohio law presumes the following car to be at fault, but this can be disputed with evidence that the front driver shares some responsibility for the accident.
Comparative Negligence in Ohio Rear-End Accidents
Under Ohio’s comparative negligence law, victims can still recover damages if they’re not more than 50% at fault in an accident where fault is shared. However, your share of the blame reduces the amount you can collect. For instance, if you have $500,000 in damages and are 20 percent to blame, your potential compensation would be $400,000.
Fault determination can be complex, often requiring expert testimony to prove the percentage of fault. If you’re more than 50% at fault, you cannot recover damages.
How Fault Is Proven in an Ohio Rear-End Collision Case
Even if you get a ticket after a rear-end accident, it doesn’t mean you will be found guilty or can’t get compensation. To prove fault in a rear-end crash in Ohio, evidence plays a crucial role and helps build your case—having a ticket is just one of many factors considered.
Types of evidence needed to prove fault are:
- Police reports
- Witness statements
- Road conditions, like skid marks
- Photographs
- Traffic or surveillance camera footage
- Dash camera footage
- Vehicle damage analysis
Working with Gervelis Law Firm guarantees that your accident will be thoroughly investigated and that we can establish liability for the accident. Your car accident attorney knows what evidence to use to help you build the strongest case possible.
Our team works tirelessly to earn our clients’ trust by keeping them informed, handling every case with integrity, and adhering to our guiding principle—clients’ needs always come first.
Contact Gervelis Law Firm Today
Drivers should keep a safe distance to prevent accidents, but that’s not always possible when someone makes an unexpected stop or brake lights are broken. Injuries in a car accident can result in long recoveries, and you deserve to have a trustworthy law firm fight for you and your needs.
Our experienced attorneys will handle all aspects of your case to build a strong legal case, fight for justice, and meet you where you are. Our Rapid Investigation Team can be on-site within 24 hours to preserve evidence. We’ll meet you at home or in the hospital and keep you informed every step of the way—that’s the Gervelis Guarantee.
Let the lawyers at Gervelis Law help you after your collision. Contact us today at (866) 792-2728 for a free consultation. We are available 24/7 to discuss your case.