Being hit from behind does not automatically make the other driver solely responsible for a New Jersey crash. Drivers must leave a reasonable distance between vehicles, but an unsafe lane change, a vehicle reversing or other conduct by the driver in front may also have contributed. What happened in the moments before impact matters.
Fault affects how much an injured person may recover. New Jersey’s auto insurance rules can also affect a claim for pain and suffering, even when the other driver caused the crash.
Key Takeaways About Rear-End Accidents and Fault in New Jersey
- The rear driver is not automatically at fault, but following too closely can establish negligence.
- A front driver may share fault if their conduct contributed to the collision.
- An injured driver’s compensation is reduced by their share of fault. In a two-driver crash, a driver who is more than 50% at fault cannot recover from the other driver.
- The injured person’s lawsuit option may limit a claim for pain and suffering.
What Does New Jersey Law Say About Rear-End Fault?
New Jersey law prohibits following another vehicle more closely than is reasonable and prudent, taking into account traffic speed and road conditions. In Dolson v. Anastasia, the New Jersey Supreme Court held that a violation of this rule is negligence. The state’s model civil jury charge explains that this differs from the way juries consider many other traffic violations, which are generally treated as evidence of negligence.
A rear-end impact does not, by itself, prove that the following driver violated the law. The vehicles’ movements, the available following distance and any reasonable explanation for the collision all matter. A driver who suddenly moved into a narrow gap, for example, may leave the rear driver little time to respond. The jury may need to decide whether either driver violated a duty of care and whether that conduct caused the crash.
When Can the Front Driver Be Partly at Fault?
A front driver may share responsibility when their conduct helped cause the impact. Depending on the evidence, that could involve:
- Reversing into the vehicle behind them
- Moving into another lane without leaving the following driver a reasonable opportunity to react
- Braking deliberately to provoke a collision
- Driving with nonworking brake lights when the lack of warning contributed to the crash
- Stopping in a travel lane after a breakdown without taking reasonable precautions under the circumstances
- Driving while impaired or distracted in a way that contributed to unpredictable movement
None of these circumstances automatically excuses the rear driver. Investigators still need to consider whether the following driver was attentive and had a reasonable distance in which to stop. Evidence that the front driver was drugged driving or otherwise impaired matters only if it helps establish how the crash occurred.
How Do Sudden Stops and Unsafe Lane Changes Affect Liability?
A sudden stop is not necessarily the front driver’s fault. Traffic can stop abruptly for a pedestrian, a red light or vehicles farther ahead. New Jersey’s following-distance law requires drivers to account for traffic and road conditions.
An unsafe lane change presents a different question. If a driver cuts into a small gap and immediately brakes, the driver behind may not have had time to establish a safe following distance. Footage, witness accounts and vehicle positions can help show when the lane change happened and whether either driver had a realistic opportunity to avoid the impact. Evidence that the lead driver was distracted may also matter; a claim involving a distracted driver is not limited to situations where that driver struck the back of another car.
A chain collision requires a close look at the order of impacts. If another vehicle strikes you from behind and pushes your car into the vehicle ahead, being close to that vehicle does not automatically make you partly responsible. Evidence may show whether you had already struck it before you were hit or otherwise independently contributed to an impact.
What Evidence Can Help Establish Fault?
The best evidence often shows what each vehicle did before the collision. Depending on the circumstances, useful items may include:
- Photos of the vehicles, damage, road conditions, skid marks and debris
- Dashcam, traffic camera or nearby business surveillance footage
- Independent witness accounts, along with the drivers’ accounts
- Available event data showing speed or braking before impact
- The police crash report and any information needed to identify witnesses or investigate a ticket
- Vehicle inspection or repair records if brake lights or a mechanical problem are disputed
- Phone records when texting while driving is suspected
A driver’s testimony is evidence, though other sources may help resolve conflicting accounts. A ticket or an officer’s conclusion does not, on its own, decide fault in a civil case. It is also important to preserve footage promptly because recordings may be overwritten.
How Can Shared Fault Affect Compensation?
New Jersey uses modified comparative negligence. Under the state’s comparative negligence statute, an injured person’s negligence reduces their recovery. In a crash involving only two responsible drivers, a person who is 50% at fault may recover half their damages; a person who is 51% at fault cannot recover from the other driver.
For example, if a jury finds that a front driver’s damages total $100,000 and assigns that driver 30% of the fault, the award would be reduced to $70,000. When more than two parties are responsible, the statute compares the injured person’s fault with the combined fault of the parties against whom recovery is sought.
What Injuries Can Follow a Rear-End Collision?
Rear-end collisions can cause neck and back strains, disc injuries, concussions and other injuries. The type and severity of an injury depend on factors such as the force of the crash and how the occupant’s body moved.
Some symptoms may not be obvious immediately. If you develop pain, dizziness or other symptoms after a collision, seek medical advice and describe what happened. Medical records can also help document when symptoms began and how they affected you.
How Does New Jersey’s Verbal Threshold Affect a Claim?
Fault is only one part of a New Jersey car accident claim. A person’s auto insurance lawsuit option may determine whether they must meet an injury threshold to recover damages for pain and suffering.
Under the Limitation on Lawsuit option, often called the verbal threshold, a person generally must have an injury in one of the categories listed in N.J.S.A. 39:6A-8: death, dismemberment, significant disfigurement or significant scarring, a displaced fracture, loss of a fetus, or a permanent injury. New Jersey’s auto insurance guide explains the lawsuit options. A permanent injury is one in which a body part or organ has not healed to function normally and will not do so with further treatment, based on objective medical evidence.
When a claim is subject to the Limitation on Lawsuit option, the law calls for a physician certification based on objective clinical evidence. The plaintiff generally must provide it to the defendant within 60 days after the defendant answers the complaint. A court may grant one extension of up to 60 days for good cause.
The lawsuit option limits claims for pain and suffering; it does not eliminate every claim for economic loss. However, personal injury protection (PIP) may pay eligible medical expenses and certain wage losses regardless of fault. Whether additional, uncompensated losses can be recovered from another driver depends on the coverage and circumstances.
Frequently Asked Questions
Can I be found at fault if someone hit me from behind?
Yes. If your actions contributed to the collision, you may be assigned a share of the fault. For example, evidence that you reversed into another vehicle or moved into its lane without enough space to react could affect the outcome. In a two-driver crash, you may still recover if your fault is no greater than 50%, but your award would be reduced by your percentage of fault.
Does a sudden stop excuse the driver who rear-ended me?
Usually, a sudden stop alone does not excuse the following driver. Drivers must account for stops that can occur in traffic. The reason for the stop and the movements of both vehicles may matter, particularly if the front driver had just entered the lane or stopped in an unusual way.
Will a traffic ticket decide who was at fault?
A ticket does not decide fault in a civil injury claim. The parties can investigate the underlying facts, including witness accounts, photographs and available footage. The outcome of a traffic case may have evidentiary implications in some circumstances, but it does not replace an assessment of how the collision happened.
How long do I have to file a car accident lawsuit in New Jersey?
The deadline is generally two years from the crash for a personal injury lawsuit. Different rules may apply in some situations. A claim involving a public entity, for example, may require a notice of claim much sooner, often within 90 days. Acting promptly also makes it easier to preserve footage and locate witnesses.
Call Brandon J. Broderick For Legal Help
A rear-end case that looks open and shut can turn into an argument about percentages, or stall entirely over whether your injury clears the verbal threshold. Neither issue resolves itself in your favor without proof.
Our team investigates how the collision actually happened, secures the footage and data before it disappears, and builds the medical record a permanency certification requires. If you were hurt in a rear-end collision anywhere in the state, a New Jersey car accident attorney can tell you where your claim stands. Reach out today for a free consultation.