Who’s at Fault in a Rear-End Car Accident?


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When you’ve been injured, lodging claims and paperwork only makes things worse. At Carbone Lawyers, we manage the whole process so you can just focus on your recovery.

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Our no win, no fee policy means that most personal injury claims have no upfront fees.

In the busy streets of Melbourne, rear-end collisions can be a common occurrence. Typically, the driver behind is presumed at fault, often due to following too closely or a lapse in attention. However, there are exceptions to this in some cases.

When is a Rear-End Collision Not Your Fault?

According to an analysis of claims by AAMI insurance, “nose-to-tail” accidents are the most common type of crashes in Victoria and Australia as a whole. Generally, the rear driver in these accidents is found to be at fault, with careless driving, improper stopping distances, speeding, and being distracted being common causes of these crashes. 

In some instances, even if multiple cars ahead of the rear driver are involved in an accident, the last car may be considered liable for the damages of all other parties! There are exceptions to this rule, if you hit a car in front of you because of another car pushing you forward, you may not be found liable. 

Examples where the front driver may be partly or wholly liable include when the front car(s): 

  • Unsafely reverse or roll back;
  • Have broken brake lights;
  • Incorrectly use or don’t use their indicator;
  • Drive recklessly/aggressively; 
  • Cut the rear driver off; 
  • Unsafely attempt a hook turn; and
  • Don’t drive to the weather conditions.


It can be difficult to prove fault against a driver in front. We recommend taking down contact details for any other witnesses to the accident and contacting expert personal injury lawyers like Carbone Lawyers.

Injuries from Rear-End Collisions

Injuries in these accidents can range from whiplash to more severe cases. The impact of a rear-end collision, regardless of fault, can leave lasting physical and emotional scars. If you’re involved in a rear-end collision in Victoria, you may be eligible to make a TAC claim for any injuries from the accident even if you’re at fault.

Challenging who’s at fault with Carbone Lawyers

Whether you’re at the front or the rear in a collision, knowing the facts and your rights is crucial. We’re here to help in every step from evaluating your case and answering any questions you have to evidence collection and fighting for the compensation you deserve.

We understand the complexities of fault in rear-end collisions. Our team has over 30 years of experience in cases like this and can help you navigate making a TAC claim or challenging fault determinations where necessary. We believe in fighting for your rights, ensuring that your voice is heard and your needs are met.

If you’re unsure about your situation in a rear-end collision, or if you’re seeking to challenge a determination of fault, our no-win, no-fee policy means that most personal injury claims have no upfront fees. Start your free claim assessment online or call 1800 369 888, our approachable team is ready to offer you the guidance and support you need.

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