[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/butlerfirm.com\/blog\/who-is-at-fault-in-a-rear-end-accident\/#BlogPosting","mainEntityOfPage":"https:\/\/butlerfirm.com\/blog\/who-is-at-fault-in-a-rear-end-accident\/","headline":"Is the Driver Behind Always At Fault in Rear-End Accidents?","name":"Is the Driver Behind Always At Fault in Rear-End Accidents?","description":"In a rear-end accident in Georgia, there is usually a presumption that the driver behind is at fault for the accident. However, there are certain times when the driver who is blamed for the accident is the one who gets rear-ended. Is the Driver Behind Always at Fault in Rear-End Accidents? Georgia law requires drivers&hellip; <a class=\"more-link\" href=\"https:\/\/butlerfirm.com\/blog\/who-is-at-fault-in-a-rear-end-accident\/\">Continue reading <span class=\"screen-reader-text\">Is the Driver Behind Always At Fault in Rear-End Accidents?<\/span><\/a>","datePublished":"2023-04-12","dateModified":"2026-04-17","author":{"@type":"Person","@id":"https:\/\/butlerfirm.com\/blog\/author\/matt-kahn\/#Person","name":"Matt Kahn","url":"https:\/\/butlerfirm.com\/blog\/author\/matt-kahn\/","identifier":25,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/e04949bdf1f2184cdeab337bb39535a4c17c4beb3ad3cd47e5524b20b38274a9?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/e04949bdf1f2184cdeab337bb39535a4c17c4beb3ad3cd47e5524b20b38274a9?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Butler Kahn","logo":{"@type":"ImageObject","@id":"https:\/\/butlerfirm.com\/wp-content\/uploads\/2020\/10\/Butler-Law-Firm-Logo.png","url":"https:\/\/butlerfirm.com\/wp-content\/uploads\/2020\/10\/Butler-Law-Firm-Logo.png","width":210,"height":93}},"image":{"@type":"ImageObject","@id":"https:\/\/butlerfirm.com\/wp-content\/uploads\/2020\/11\/How-do-I-Prove-Fault-After-a-Car-Accident.jpg","url":"https:\/\/butlerfirm.com\/wp-content\/uploads\/2020\/11\/How-do-I-Prove-Fault-After-a-Car-Accident.jpg","height":200,"width":300},"url":"https:\/\/butlerfirm.com\/blog\/who-is-at-fault-in-a-rear-end-accident\/","video":[{"@context":"http:\/\/schema.org\/","@type":"VideoObject","@id":"https:\/\/www.youtube.com\/watch?v=cd-ApIwKsp8#VideoObject","contentUrl":"https:\/\/www.youtube.com\/watch?v=cd-ApIwKsp8","name":"LAWYER: Is the Car in the Back of a Rear-End Collision Always at Fault?","description":"Is the Rear Driver Always at Fault in a Rear-End Collision?\n\nIn most rear-end car accidents, the driver in the back is usually considered at fault\u2014especially in Georgia, where officers frequently issue a \"Following Too Closely\" (FTC) citation. However, that's not always the case. In this video, Butler | Kahn attorneys explain when the rear driver may not be responsible for a rear-end collision and highlight important exceptions that can significantly affect a personal injury case.\n\nWe discuss three key scenarios where the vehicle in front may be at fault: illegal parking, dangerously slow-moving vehicles, and poor conspicuity (visibility) of commercial trucks. Our team shares real-world examples, including a case where a poorly maintained power truck moving only 4 mph caused a serious accident, leading to a million-dollar recovery for our client. These situations show how critical it is to investigate every accident carefully rather than simply assuming fault based on position.\n\nIf you\u2019ve been involved in a rear-end collision in Georgia and believe the accident wasn't your fault, personal injury and wrongful death law firm Butler Kahn is here to help. Watch this video to learn how exceptions to typical rear-end collision rules work, and how experienced car accident lawyers can fight for the compensation you deserve.\n\n*****************************************************\nSHARE THIS VIDEO: https:\/\/youtu.be\/cd-ApIwKsp8\n*****************************************************\n\n\u2757DISCLAIMER\u2757\n\nWe are not your lawyer. All content provided is for informational purposes only and not for the purpose of providing legal advice. Any verdicts, settlements or other case results discussed are not guaranteed and must be evaluated on their own merits.\n\nButler Kahn: https:\/\/butlerfirm.com\/\n\nAtlanta, Georgia location:\nhttps:\/\/maps.app.goo.gl\/Y3fCFkRVAn7jzGD16\n\nLawrenceville, Georgia location:\nhttps:\/\/maps.app.goo.gl\/PaShwcicz5DQDFsD6\n\nRoswell, Georgia location:\nhttps:\/\/maps.app.goo.gl\/uTVtgfq3RspJ5QQbA\n\nJonesboro, Georgia location:\nhttps:\/\/maps.app.goo.gl\/Jr2umQB8o32QaaRK6\n\nFREE GUIDES\nWhat To Do After a Car Accident: https:\/\/butlerfirm.com\/georgia-car-accident-lawyers\/what-to-do-after-an-accident\/\nShould I Hire an Accident Lawyer: https:\/\/butlerfirm.com\/atlanta-car-accident-lawyers\/when-needed\/\nGeorgia Wrongful Death Statute Explained: https:\/\/butlerfirm.com\/blog\/georgia-wrongful-death-statute-explained\/\n\nJOIN US ON SOCIAL MEDIA\nFacebook: https:\/\/www.facebook.com\/butlerfirmllc\nTwitter: https:\/\/twitter.com\/Butler_Firm\nInstagram: https:\/\/www.instagram.com\/butler_law_firm\/\nLinkedIn: https:\/\/www.linkedin.com\/company\/butlerfirm\/\n\nSEE OUR REVIEWS \nGoogle: https:\/\/search.google.com\/local\/reviews?placeid=ChIJoR24iRoG9YgRSH8GpDMLiMQ\nFacebook: https:\/\/www.facebook.com\/butlerfirmllc\/reviews\/\n\nCheck out our previous video: https:\/\/youtu.be\/il9KiKI_kd4","thumbnailUrl":["https:\/\/i.ytimg.com\/vi\/cd-ApIwKsp8\/default.jpg","https:\/\/i.ytimg.com\/vi\/cd-ApIwKsp8\/mqdefault.jpg","https:\/\/i.ytimg.com\/vi\/cd-ApIwKsp8\/hqdefault.jpg","https:\/\/i.ytimg.com\/vi\/cd-ApIwKsp8\/sddefault.jpg","https:\/\/i.ytimg.com\/vi\/cd-ApIwKsp8\/maxresdefault.jpg"],"uploadDate":"2022-07-07T20:03:00+00:00","duration":"PT5M40S","embedUrl":"https:\/\/www.youtube.com\/embed\/cd-ApIwKsp8","publisher":{"@type":"Organization","@id":"https:\/\/www.youtube.com\/channel\/UCeMYGr94Sf4LpYwIcO3P2Qw#Organization","url":"https:\/\/www.youtube.com\/channel\/UCeMYGr94Sf4LpYwIcO3P2Qw","name":"Butler Kahn","description":"We help people and families.\n\nOur firm specializes in personal injury and wrongful death cases.  We are based in Atlanta, Georgia.  We handle cases across Georgia and, for certain types of cases, all across the country.\n\nTOP-QUALITY LEGAL WORK.  We do the work that lots of law firms skip.  We track down witnesses, dig into the evidence, and prepare intensely for every deposition, trial, and hearing.  We take a small number of cases so that we can devote our full attention to the clients we represent.\n\nPERSONAL SERVICE.  If you hire us, you get us.  You won't get blocked by a receptionist or leave unreturned messages.  If you want to speak with your lawyer, you can.\n\nDOING WHAT WE SAY WE'LL DO.  Some law firms make big promises at the beginning, then don\u2019t follow through.  We shoot straight \u2013 when we tell you something about your case, good or bad, we mean it.  No fake promises.\n\nButler Kahn\n10 Lenox Pointe\nAtlanta, GA 30324\n678-940-1444\n","logo":{"url":"https:\/\/yt3.ggpht.com\/NTOsbNEALVOnRbUCg7jUzYGcC4kNKsUTEVHm5TtiTQdLlfFKksLTnmiZG_t6zDG_e4ygtnva=s800-c-k-c0x00ffffff-no-rj","width":800,"height":800,"@type":"ImageObject","@id":"https:\/\/www.youtube.com\/watch?v=cd-ApIwKsp8#VideoObject_publisher_logo_ImageObject"}},"potentialAction":{"@type":"SeekToAction","@id":"https:\/\/www.youtube.com\/watch?v=cd-ApIwKsp8#VideoObject_potentialAction","target":"https:\/\/www.youtube.com\/watch?v=cd-ApIwKsp8&t={seek_to_second_number}","startOffset-input":"required name=seek_to_second_number"},"interactionStatistic":[[{"@type":"InteractionCounter","@id":"https:\/\/www.youtube.com\/watch?v=cd-ApIwKsp8#VideoObject_interactionStatistic_WatchAction","interactionType":{"@type":"WatchAction"},"userInteractionCount":692}],{"@type":"InteractionCounter","@id":"https:\/\/www.youtube.com\/watch?v=cd-ApIwKsp8#VideoObject_interactionStatistic_LikeAction","interactionType":{"@type":"LikeAction"},"userInteractionCount":4}]},{"@context":"http:\/\/schema.org\/","@type":"VideoObject","@id":"https:\/\/www.youtube.com\/watch?v=KHiw9rSYWLI#VideoObject","contentUrl":"https:\/\/www.youtube.com\/watch?v=KHiw9rSYWLI","name":"What is Comparative Fault?","description":"Tom Giannotti talks about a legal doctrine called comparative fault. Find out more here...\n\nFor more information about the cases we handle, please visit: https:\/\/butlerfirm.com\/\n\nTom Giannotti: https:\/\/butlerfirm.com\/our-team\/tom-giannotti\n\n******************************************************\nSHARE THIS VIDEO: https:\/\/youtu.be\/KHiw9rSYWLI\n******************************************************\n__________________________________________\nWe Have Four Locations to Serve You  \nAtlanta, GA \nButler Kahn\n10 Lenox Pointe \nAtlanta, GA 30324 \nhttps:\/\/butlerfirm.com\/ \n--------\nLawrenceville, GA \nButler Kahn\n154 Stone Mountain Street, Suite 250\nLawrenceville, GA 30045 \nhttps:\/\/butlerfirm.com\/lawrenceville-injury-lawyers\n-------- \nRoswell, GA \nButler Kahn\n1255 Canton Street, Suite E \nRoswell, GA 30075 \nhttps:\/\/butlerfirm.com\/roswell-injury-lawyers\n-------- \nJonesboro, GA \nButler Kahn\n21 Lee Street, Suite 250 \nJonesboro, GA 30236 \nhttps:\/\/butlerfirm.com\/jonesboro-injury-lawyers\n------- \n\u25ba Hi, I'm Tom Giannotti, attorney from Butler Kahn. Today I want to talk about a legal doctrine called comparative fault and what it means for practical purposes here in the state of Georgia and elsewhere. But we're in Georgia, we're Georgia lawyers. We follow the comparative fault rule that says if a plaintiff is 50% or more at fault, then he or she cannot recover. And if there's some percentage at fault that a jury determines the plaintiff to be, that is obviously greater than zero but less than 50, then they can still recover. However, the plaintiff will have his or her recovery reduced according to whatever percentage the jury decides. So for example, if a jury awards a plaintiff $100,000, but the jury determines that the plaintiff was 20% at fault for causing the accident, well, then their recovery ultimately will only be $80,000 because of this rule.\n\u25ba Other states follow different rules. I won't go through all of the other states. But just to take a couple examples that are illustrative, North Carolina has a really strict rule that says that if a plaintiff is even 1% at fault, a jury says you're 1% at fault for this, the jury cannot award that person anything. They get $0. That is a much harsher take on this rule. Other states take basically the opposite approach that says, \"Well, you can recover even if you're up to 99% at fault, but you still have your recovery reduced proportionally.\" So you could have that $100,000 judgment, you could be 99% at fault in another state and still get $1,000, right? But in North Carolina, you would get zero, even if you're 1% at fault. And in Georgia, as long as you're less than 50% at fault, you could still recover, but again, have your recovery reduced proportionally to the percentage of fault.\n\u25ba Other states follow a similar rule to Georgia, but the number is 51%. So even if the plaintiff is 50%, then they just get their recovery cut in half, basically. But again, in Georgia, the rule is that if a person, a plaintiff, is 50% or more at fault, they cannot recover anything. If they are less than 50% at fault, they can still recover, but the recovery is reduced proportionally due to the percentage of fault. Hopefully this has been helpful and informative, and thank you for watching.\n\nJOIN US ON SOCIAL MEDIA\nFACEBOOK LINK: https:\/\/www.facebook.com\/butlerfirmllc\nTWITTER LINK: https:\/\/twitter.com\/Butler_Firm\nINSTAGRAM LINK: https:\/\/www.instagram.com\/butler_law_firm\/\nLINKEDIN LINK: https:\/\/www.linkedin.com\/company\/butlerfirm\/\n\nSEE OUR REVIEWS \nGOOGLE REVIEWS: https:\/\/search.google.com\/local\/reviews?placeid=ChIJoR24iRoG9YgRSH8GpDMLiMQ\nFACEBOOK REVIEWS: https:\/\/www.facebook.com\/butlerfirmllc\/reviews\/\n\nCheck out our previous video: https:\/\/youtu.be\/Xa_AVivaPcE","thumbnailUrl":["https:\/\/i.ytimg.com\/vi\/KHiw9rSYWLI\/default.jpg","https:\/\/i.ytimg.com\/vi\/KHiw9rSYWLI\/mqdefault.jpg","https:\/\/i.ytimg.com\/vi\/KHiw9rSYWLI\/hqdefault.jpg","https:\/\/i.ytimg.com\/vi\/KHiw9rSYWLI\/sddefault.jpg","https:\/\/i.ytimg.com\/vi\/KHiw9rSYWLI\/maxresdefault.jpg"],"uploadDate":"2023-05-16T20:45:17+00:00","duration":"PT2M48S","embedUrl":"https:\/\/www.youtube.com\/embed\/KHiw9rSYWLI","publisher":{"@type":"Organization","@id":"https:\/\/www.youtube.com\/channel\/UCeMYGr94Sf4LpYwIcO3P2Qw#Organization","url":"https:\/\/www.youtube.com\/channel\/UCeMYGr94Sf4LpYwIcO3P2Qw","name":"Butler Kahn","description":"We help people and families.\n\nOur firm specializes in personal injury and wrongful death cases.  We are based in Atlanta, Georgia.  We handle cases across Georgia and, for certain types of cases, all across the country.\n\nTOP-QUALITY LEGAL WORK.  We do the work that lots of law firms skip.  We track down witnesses, dig into the evidence, and prepare intensely for every deposition, trial, and hearing.  We take a small number of cases so that we can devote our full attention to the clients we represent.\n\nPERSONAL SERVICE.  If you hire us, you get us.  You won't get blocked by a receptionist or leave unreturned messages.  If you want to speak with your lawyer, you can.\n\nDOING WHAT WE SAY WE'LL DO.  Some law firms make big promises at the beginning, then don\u2019t follow through.  We shoot straight \u2013 when we tell you something about your case, good or bad, we mean it.  No fake promises.\n\nButler Kahn\n10 Lenox Pointe\nAtlanta, GA 30324\n678-940-1444\n","logo":{"url":"https:\/\/yt3.ggpht.com\/NTOsbNEALVOnRbUCg7jUzYGcC4kNKsUTEVHm5TtiTQdLlfFKksLTnmiZG_t6zDG_e4ygtnva=s800-c-k-c0x00ffffff-no-rj","width":800,"height":800,"@type":"ImageObject","@id":"https:\/\/www.youtube.com\/watch?v=KHiw9rSYWLI#VideoObject_publisher_logo_ImageObject"}},"potentialAction":{"@type":"SeekToAction","@id":"https:\/\/www.youtube.com\/watch?v=KHiw9rSYWLI#VideoObject_potentialAction","target":"https:\/\/www.youtube.com\/watch?v=KHiw9rSYWLI&t={seek_to_second_number}","startOffset-input":"required name=seek_to_second_number"},"interactionStatistic":[[{"@type":"InteractionCounter","@id":"https:\/\/www.youtube.com\/watch?v=KHiw9rSYWLI#VideoObject_interactionStatistic_WatchAction","interactionType":{"@type":"WatchAction"},"userInteractionCount":254}],{"@type":"InteractionCounter","@id":"https:\/\/www.youtube.com\/watch?v=KHiw9rSYWLI#VideoObject_interactionStatistic_LikeAction","interactionType":{"@type":"LikeAction"},"userInteractionCount":3}]}],"about":["Car Accident","Liability"],"wordCount":1191,"articleBody":"In a rear-end accident in Georgia, there is usually a presumption that the driver behind is at fault for the accident. However, there are certain times when the driver who is blamed for the accident is the one who gets rear-ended.Is the Driver Behind Always at Fault in Rear-End Accidents?Georgia law requires drivers to leave enough space around their vehicles and other cars to prevent rear-end collisions. That means the rear driver in a rear-end collision is typically to blame for the crash. However, there are exceptions.If you were involved in a rear-end accident and would like to know more about your rights, read on for more information and then reach out to Butler Kahn for assistance. We only take on cases that we believe in and that will provide our clients with the financial recovery they need. We prepare all cases as though they are going to trial to maximize our client\u2019s recovery.Common Causes of Rear-End AccidentsRear-end accidents usually occur when the vehicle in front stops and the driver from behind hits the vehicle. To receive compensation for any injuries stemming from the car accident, you must be able to show the other driver violated the rules of the road or acted in a careless manner. Some negligent behaviors that can result in a rear-end accident in Atlanta include:TailgatingNot paying attention to the roadDriving too fast when there is a lot of trafficNot adjusting speed in poor weatherSpeedingNot looking out for potential hazardsDriving a vehicle with equipment problemsDriving while distracted, impaired, or fatiguedMaking sudden lane changesNot yielding the right-of-way of other vehiclesThe Concept of Negligence \u2014 The Key to Proving FaultWhen you drive a vehicle, you must follow the established standard of care. The concept is based on what a reasonable person would do to avoid an accident.Drivers follow the established standard of care by paying attention to the road, looking for hazards, stopping at a reasonable time, and driving at the proper speed. This includes adjusting the speed based on road conditions, such as wet pavement. Yielding the right of way, using turn signals, and following at a safe distance is also part of the established standard of care.Typically, when someone hits another person from behind, he or she has failed to follow the established standard of care. This is usually due to following too closely and not yielding in time. That isn\u2019t always the case, though.General RuleAccording to\u00a0Georgia\u2019s Drivers Manual, \u201ca rear-end crash is caused by following another vehicle too closely.\u201d The manual states there must be enough distance for you to safely stop if the driver in front of you suddenly breaks or stops. It recommends leaving at least two seconds of travel distance between you and the other vehicle. You should leave even more space if there is heavy traffic, inclement weather, construction activity or you are driving at night or near a motorcyclist.Because you are supposed to leave enough time to stop safely in case the person in front of you suddenly stops, you will likely be found at fault if you rear-end someone else.Exceptions to the RuleThere are a few situations in which the driver in front may be found partially or completely at fault for a rear-end accident, such as when he or she:Drives a vehicle with a defect \u2013 If the vehicle\u2019s taillights or brake lights are out, the driver from the rear may not be able to tell the driver is braking.Makes a sudden maneuver \u2013 The driver in front may make a sudden driving maneuver that could not be reasonably anticipated, such as swerving or reversing.Does not properly tend to a driving hazard \u2013 For example, the driver in front may have a flat tire and may not activate hazard lights or pull over to indicate the problem. This can create a hazard on the roadway and the driver in front may be found at fault.Causes a chain reaction of rear-end accidents \u2013 If a driver plows into the car in front of him and that car is forced into the next vehicle, the driver in front may be found partially at fault for the second accident because there was not adequate space between vehicles.These situations are very fact-specific, so it is important to engage the services of an experienced Atlanta personal injury lawyer to determine if you have a viable claim.When Is the Driver in Front at Fault?The driver in front can be found negligent for a variety of reasons. For instance, if the driver reverses suddenly and causes an accident, he or she will be at fault. The same is true if the driver comes to a sudden stop or fails to move out of the way and puts on hazard lights after experiencing a flat tire. Also, if the driver\u2019s brake lights are not in working order, he or she can be deemed negligent.These are just some examples. If you are unsure if a driver is negligent, contact an attorney for help.What if Both Drivers Are at Fault?Sometimes, both drivers are at fault during an auto accident.\u00a0This is called comparative negligence. Some states that have comparative negligence do not allow people to recover damages if they are 1 percent responsible for the accident. However, Georgia uses a modified comparative negligence law with the bar set at 50 percent.If both parties share 50 percent of the responsibility for the accident, neither person can recover damages. However, if one person is less than 50 percent at fault, he or she can sue for damages. This is true even if one person is 51 percent responsible and the other is 49 percent responsible. The driver who holds 49 percent of the responsibility is eligible for damages. An Atlanta rear end collision lawyer can help.How Much Can You Recover?The amount you can recover depends on how much of the fault you share. Damages are reduced based on the percentage of fault. If you are 30 percent at fault for the accident, the amount of damages you can recover is reduced by 30 percent. However, if you are not at fault, your damages are not reduced.Establishing Fault in a Georgia Rear-End Car AccidentBecause Georgia is a comparative negligence state, establishing fault is critical. You cannot simply say that someone else was at fault. You must prove it.An Atlanta rear-end accident attorney can investigate the matter for you. This includes gathering police reports, speaking to eyewitnesses, and teaming up with expert witnesses.Comparative Negligence in GeorgiaIn some situations, both drivers are found at fault. When this occurs, Georgia\u2019s comparative negligence rules apply. If the accident victim is 50 percent or less at fault for the accident, he or she can still pursue a claim against the other negligent driver. The victim\u2019s level of damages is reduced by his or her own degree of negligence. For example, if the victim sustained $100,000 in damages and is found to be 10 percent at fault, his or her damages would be reduced by $10,000."},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/butlerfirm.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"Is the Driver Behind Always At Fault in Rear-End Accidents?","item":"https:\/\/butlerfirm.com\/blog\/who-is-at-fault-in-a-rear-end-accident\/#breadcrumbitem"}]}]