If this is the case and drivers are supposed to allow plenty of space between themselves and the motorists in front of them, is the trailing driver – the one that strikes from behind – always to blame for these crashes?
Whiplash highly associated with back-end crashes
This is an important question to consider if you’re ever injured in a car accident and require medical treatment. Rear-end collisions take on a variety of forms, from motorists who aren’t paying attention to what they’re doing to errantly pressing on the gas pedal instead of the brake. This happens more often than you might think. Whiplash is among the more common injuries that stem from being hit from behind. Left untreated, whiplash can lead to pain in other areas besides the neck, according to the National Institute of Health, usually the upper and lower back. In addition to physical therapy, treatment for whiplash can include muscle relaxants, anti-inflammatory medication, over-the-counter medicines and range of motion exercises, as directed by a chiropractor or other health care practitioner.
All of these treatments require money, some of which may come out of your own pocket if your insurer doesn’t cover them. Fortunately, you do have a legal recourse that can make you whole, should a judge or jury decide the person that did the rear-ending is at fault.
Blame determined on case-by-case basis
So, is the motorist who struck from behind blameworthy in all circumstances? Generally speaking, the answer to that is yes. But ultimately, context is king.
The deciding factor typically depends on state law. For example, in some parts of the U.S., laws are on the books expressly stating the driver that hits from behind is at fault. However, in others, the law isn’t as matter of fact and is dictated by the circumstances surrounding the crash itself.