Battle Born Injury Lawyers | June 16, 2025 | Car Accidents
Rear-end car accidents are among the most common types of crashes on Nevada roads. If you’ve ever been in one—or worried about what might happen if you are—you’ve probably wondered: “If I rear-end someone, is it always my fault?” While it’s often assumed the rear driver is always at fault, that isn’t always true.
This article will discuss when the rear driver is responsible, when they may not be, and what Nevada law says about determining fault in rear-end collisions.
What Is a Rear-End Collision?
A rear-end collision happens when one car crashes into the back of another. This can occur in stop-and-go traffic, at red lights, on highways, or in parking lots. The National Highway Traffic Safety Administration (NHTSA) reports that rear-end crashes make up nearly 30% of all accidents in the U.S.
These types of crashes are usually caused by:
- Following too closely (tailgating)
- Distracted driving
- Speeding
- Weather or road conditions
- Sudden stops
Regardless of how it happens, a rear-end crash can result in serious injuries, especially whiplash, back injuries, or even brain trauma.
Is the Rear Driver Always at Fault?
In most cases, yes—the driver who hits another car from behind is typically considered at fault. This is because all drivers are legally required to maintain a safe distance from the car in front of them.
If you hit someone from behind, it’s usually assumed you were following too closely or not paying attention. However, Nevada follows the modified comparative negligence rule, meaning fault can be shared between both drivers in some situations.
Exceptions: When the Front Driver May Be at Fault
While rare, there are situations where the driver in front may be partially or fully responsible for the accident:
Sudden and Unnecessary Stops
If the front driver slams on their brakes for no valid reason—like slamming brakes in frustration or road rage—that could shift some of the fault onto them.
Broken Brake or Tail Lights
If the lead driver’s brake lights were not working and you couldn’t tell they were slowing down, they could be partially responsible for the crash.
Reversing Suddenly
If a driver suddenly reverses into your vehicle (such as in a parking lot or at a stop sign), they may be fully or mostly at fault.
Road Hazards or Mechanical Issues
If the front driver’s car suddenly stalls due to a known mechanical issue and didn’t take proper precautions (like using hazard lights or pulling over), they could share fault.
In these cases, insurance companies or the court may find the front driver partially responsible based on the facts.
Nevada’s Modified Comparative Negligence Rule
Nevada uses a modified comparative negligence system when determining fault in car accidents, meaning:
- Each driver is assigned a percentage of fault.
- If you are more than 50% responsible, you cannot recover damages.
- If you are 50% or less at fault, your compensation is reduced by your percentage of fault.
For example, if you’re found 30% at fault in a rear-end accident and you suffered $10,000 in damages, you would only receive $7,000. This system encourages fair outcomes, especially in complex cases where both drivers may have made mistakes.
What Evidence Can Help Prove Fault?
In any rear-end accident, proving fault is crucial, especially if the driver in front was partially responsible.
Helpful evidence includes:
- Photos or videos of the damage and accident scene
- Police reports with officer opinions and witness statements
- Dash cam footage
- Statements from eyewitnesses
- Vehicle data, including speed or braking
- Repair and brake light inspection records
An experienced personal injury attorney can help gather and present this evidence to support your claim.
Contact the Las Vegas Car Accident Attorneys at Battle Born Injury Lawyers Today
If you or a loved one were injured in an accident in Las Vegas and you need legal assistance, contact our car accident attorneys at Battle Born Injury Lawyers and schedule a free consultation with our legal team.
Battle Born Injury Lawyers
400 S 4th St Suite 290,
Las Vegas, NV 89101
(702) 357-4868
Battle Born Injury Lawyers – Las Vegas Office
10789 W Twain Ave #100
Las Vegas, NV 89135
(702) 570-9000
Battle Born Injury Lawyers – Reno Office
675 W Moana Ln #206
Reno, NV 89509, USA
(775) 535-7768
Battle Born Injury Lawyers – Henderson Office
8540 S Eastern Ave #200
Henderson, NV 89123
(702) 500-0287
