In Louisiana the driver in the rear is presumed to be at fault, and that presumption can be beaten. Courts start from the assumption that the following driver did not keep a safe distance, so it falls to that driver to show something else caused the crash.
Evidence that the car in front stopped hard for no reason, reversed, or had no working brake lights can move some or all of the fault back onto the front driver, and that percentage is what decides what a claim is worth. Our Lafayette car accident lawyers are available to meet at a convenient time.
Who Causes Most Rear End Collisions?
In Louisiana, courts presume that the driver of the rear vehicle is at-fault in a rear-end collision. However, this is not a hard-and-fast rule, and it is possible to show that the front vehicle was partially or completely responsible. Rear-end collisions are often caused by:
- Speeding: the driver can’t stop in time because they are going too fast.
- Distraction: the driver could focus on a cell phone or other distraction, so he doesn’t even see the car ahead has slowed down or come to a stop.
- Fatigue: the driver nods off and drives straight into the car in front.
- Inebriation or drugs: alcohol and drunks can easily impair a motorist, leading to poor decisions or slowed reaction times.
- Tailgating: the closer a driver follows a car, the less time they have to hit the brakes.
However, in other cases, the driver in front is to blame for the rear end collision, even though they got hit. They could be at fault for the following reasons:
- Cut off a driver or pulled in front of them
- Brake checking (stopping for no reason in the road)
- Swerving into a lane
- Failing to yield on the freeway
Speak with a rear-end collision lawyer today. Our job is to advocate for why you deserve compensation.
If someone hits you from behind, whose fault is it?
Usually theirs, and you should still expect an argument about it. The presumption in Louisiana runs against the driver who hit you, so the other insurer’s route is to show that you did something to cause the stop, like braking for no reason or driving with brake lights out.
If you rear-ended someone, is it automatically your fault?
No, but you are starting behind. Louisiana presumes the following driver is at fault, so the burden sits on you to show something else caused the crash rather than on the other driver to prove you were careless. That presumption is beaten in real cases, and these are the facts that do it.
You were pushed into them. If a third vehicle hit you from behind and drove you into the car ahead, the crash is not yours. This happens constantly in chain reactions on I-10 and it is easy to miss, because a police report tends to record who touched whom rather than the order it happened in.
The driver ahead stopped for no reason. Braking hard in a travel lane with nothing in front of them, or a brake check after a dispute, can shift the blame or split it.
Their brake lights were not working. If nothing warned you, that is a fact about their vehicle rather than your following distance.
Something on your car failed without warning. A sudden mechanical failure you had no reason to expect is treated differently from worn brakes you knew about and ignored.
What does not help is talking. Saying you were sorry, or that you glanced away for a second, becomes the other side’s evidence. Describe what happened and stop there.
What evidence decides fault in a rear-end crash?
Witness accounts, video, the physical damage to both vehicles, and, where impairment is suspected, toxicology results. Both drivers usually blame each other, so it is the evidence that settles it rather than the argument.
As often happens, both drivers blame the other. So it’s up to lawyers and insurance claims adjusters to sift through the evidence to determine what really happened. Some of the most critical pieces of evidence include:
- Witness testimony. People can testify about what happened. Were you driving normally when someone cut you off? If so, we want to hear from as many witnesses as possible. Or were you driving down the road when a speeding or drunk motorist crashed into you from behind? Let’s talk to witnesses. You are a witness, of course, but other witnesses are helpful, such as passengers in your car or even bystanders on the sidewalk.
- Available video evidence. We sometimes have video evidence to use in these cases. Your car might have a dashcam, or a different driver has a camera mounted. We can also search for security footage from nearby businesses.
- Toxicology results. These test results are useful if an intoxicated or high driver crashed into you. This is one reason to call the police after a wreck. The officer can talk to the driver and request field sobriety tests or a breath test.
- Car damage. The damage to the vehicles could provide clues about how the accident happened, including the speed the vehicles were traveling. Don’t immediately fix your car until you speak to a Lafayette car accident attorney.
You might have been rear-ended as part of a multi-vehicle pileup. We see these on the highway, involving dozens of cars. This is a good reason to reach out to a rear-end collision lawyer at our firm. There is usually a massive amount of evidence in these multi-vehicle collisions, and you need the professional expertise of an attorney to find evidence that’s useful.
Can someone other than the two drivers be at fault?
Yes. A parts manufacturer, a mechanic, a badly set up construction zone, the agency responsible for a defective road, or a phantom driver who caused the chain reaction and drove off can all carry fault in a rear-end crash.
When analyzing fault, it sometimes turns out that a third party is to blame for the crash. Some accidents are caused by:
- Defective parts. The brakes might suddenly fail on a vehicle, even though the motorist is driving carefully. In this type of crash, the manufacturer could be to blame, if there was a defect in the design or manufacture of a component part. A mechanic could also be at fault if they didn’t perform careful repairs.
- Construction zones. A zone could be set up improperly, without necessary signage to warn motorists that they are approaching a construction zone. In these situations, you might sue the government responsible for the road.
- Defective road. A defect on the road could be to blame. Suppose tree branches obscure a stop sign or the sign is missing. The municipality responsible for the road could be to blame for the rear-end collision.
- Phantom driver. A motorist might cut off a car, causing them to hit the brakes. That sets off a chain reaction involving other drivers. However, the driver at fault speeds away because they weren’t struck. This missing (or phantom) driver is at fault, but we don’t know their identity.
You can still seek compensation. We might make a claim on your uninsured motorist policy or sue the third-party directly (if we know their identity).
What if you were partly at fault?
Both motorists might share fault. For example, the front driver could brake check, while the driver behind is distracted by his cell phone.
In this example, both could share some of the blame for their failure to drive carefully.
Your compensation is reduced by your share of the blame. For accidents on or after January 1, 2026, a person found 51 percent or more at fault recovers nothing. Below 51 percent, the claim survives, reduced. Louisiana changed how shared fault works for recent crashes, and the change can decide whether there is a claim at all, so the date of your wreck matters.
Let us review the facts. We want to know if you were distracted by a cell phone or something else, because these facts can impact your case.
For the full rule, including the date that decides which version applies to your crash, see Can I Still Sue if the Accident Was Partly My Fault in Louisiana?
Speak with a Lawyer Today
Inzina Law Injury Attorneys represents people hurt in Louisiana car wrecks. Were you hurt in a rear-end collision? Call our firm today to schedule a free consultation. We can listen to your story and advise whether you have a right to bring a car accident claim. No fee unless we win.
