- Call the police and request a written accident report.
- Take photos of the vehicles, damage, and the road from multiple angles.
- Get medical attention, even if you feel fine initially.
- Exchange information with the other driver.
Car Accident
Is the Driver Behind Always Presumed at Fault in Rear-End Collisions in New Hampshire?
Rear-end collisions are among the most common types of car accidents in New Hampshire and nationwide. The National Highway Traffic Safety Administration reports that 29 percent of motor vehicle collisions in 2019 were rear-end collisions. Most people assume that when such accidents occur, the driver in the rear is automatically at fault. While this assumption holds true in many cases, the reality is more nuanced, especially in New Hampshire. If you have been injured in a rear-end collision in New Hampshire, know your rights. You might be entitled to compensation for your injuries and other losses, even if you were the driver in the rear. Contact the New Hampshire personal injury lawyers at Tenn And Tenn, P.A. Call us today at 888-332-5855 or online for a free consultation. We represent clients throughout New Hampshire. The Rear Driver Is Often at Fault In most rear-end collisions, the rear driver is found to be at fault. This is based on the general principle that all drivers are responsible for maintaining a safe following distance. If the car in front stops suddenly and the rear driver can’t stop in time, it’s typically assumed that the rear driver was following too closely, was distracted, or was driving too fast and thus is at fault. Like most states, New Hampshire recognizes the rear driver’s duty to follow lead cars responsibly. State law makes clear that drivers must not follow another vehicle more closely than is “reasonable and prudent.” A driver can receive three demerit points for failing to comply with this law. Moreover, if a rear-end crash occurs, the law often leads to a presumption of fault on the part of the rear driver. However, this presumption is not absolute thanks to New Hampshire’s comparative fault rule. Comparative Fault in New Hampshire New Hampshire has a modified comparative fault system, meaning that fault can be shared between the parties involved in an accident. Under this rule, an injured party can recover damages as long as they are not more than 50% at fault for the crash. If they are found to be 51% or more at fault, they cannot recover any compensation. This modified comparative fault system means that even though the rear driver may be presumed at fault in a rear-end collision, they may present evidence showing that the front driver’s actions contributed to the accident by at least 50 percent. In this case, both drivers may share liability, and any damages would be adjusted accordingly. Situations Where the Front Driver May Be at Fault If you’ve been in a rear-end collision, the front driver may share responsibility for the accident if they engaged in any of the following actions: Sudden and Unnecessary Braking: The front driver slammed on their brakes without any justification, and this action caused the rear driver to crash into them. Faulty Brake Lights or Turn Signals: A vehicle with non-functioning brake lights or turn signals gave little warning to the driver behind. Cutting Off Another Vehicle: The front driver merged or pulled in front of another car abruptly without leaving enough space, resulting in a rear-end collision. Stopping on the Road Without Cause: The driver stops in an active lane of traffic for no valid reason. Backing Up into Another Vehicle: While technically a rear-end collision, if the front car was going in reverse (such as in a parking lot or at a red light), the driver who was reversing could be held responsible. What to Do If You’re Involved in a Rear-End Collision Regardless of whether you’re the front or rear driver, if you’re involved in a rear-end crash in New Hampshire, take the following steps immediately after the accident.