Rear End Collision Accidents: What You Need to Know

Rear-end collision accidents are among the most common types of car accidents in Alberta today. A rear-end collision occurs when one vehicle crashes into the back of another. The severity of these sorts of collisions can range from minor fender benders – which can still lead to long-lasting soft tissue injuries – to high-speed collisions that can result in life-altering injuries or even death. Understanding the common causes, consequences, and legal implications that arise from rear-end collisions can help drivers navigate the aftermath of these events much more effectively.

Common Causes of Rear-End Collisions:

If a rear-end motor vehicle accident is caused by another driver’s negligence, either in whole or in part, you have the right to seek financial compensation for medical bills, property damage, loss of earnings, general pain and suffering and more.

Rear-end collisions can happen for a variety of reasons, with driver distractions and road conditions being the most common in Alberta. Understanding the different scenarios that lead to these incidents is key to determining fault and improving road safety.

Driver Distractions

The most common cause of rear-end collision accidents in Alberta is that drivers are not paying attention. Common distractions include eating, GPS usage, and cellphones, whether that be in the form of texting, talking to someone on a call, or picking a song to play. Each of these activities can divert a driver’s attention from the road long enough to cause a rear-end collision.

“Tailgating”

Following another vehicle too closely while driving, commonly known as “tailgating”, is another common cause of rear-end collision accidents. When a driver is following too closely behind someone, they reduce their reaction time to events that could cause the driver in front of them to stop suddenly. This behaviour often leads to the “tailgater” crashing into the car in front of them, as they do not have the time to react and stop to avoid the driver ahead of them.

Road Conditions and Visibility

In Northern Alberta, harsh weather conditions such as heavy snowfall, icy roads, and dense fog are common. These conditions can make roads slippery and significantly reduce visibility, both of which increase the risk of motor vehicle crashes. These factors cause drivers to fail to see the vehicles ahead of them or to properly judge their required stopping distance, causing rear-end collisions to occur.

Reversing

In Alberta, reversing accidents often occur in parking lots or narrow streets where drivers may not have a clear view of oncoming traffic. Usually, this type of rear-end collision occurs when a driver decides to back out of a parking space without checking their surroundings adequately, leading to a collision with a vehicle that is passing by or also reversing. These scenarios usually happen at low speeds, but can still cause significant damage, and often lead to confusion between the drivers about who’s at fault.

Who Is at Fault in a Rear-End Collision?

When it comes to rear-end collision accidents, the question of “Whose fault is it?” is crucial to determining proper compensation. Typically, the driver of the rear vehicle is presumed to be at fault, due to the Rules of the Road, which require drivers to follow one another at a safe distance. However, there are exceptions to this presumption, including, but not limited to:

• Random or Sudden Braking: If the lead driver slams on the brakes without a valid reason, such as no traffic or hazards ahead, they may be held responsible for causing the collision.
• Malfunctioning Brake/Signal Lights: If the front vehicle’s brake lights or turn signals are not working, the rear driver may not be liable due to the lack of proper warning.
• Impaired Driving: Driving under the influence of drugs or alcohol is never safe. If the driver in the front vehicle is under the influence, their ability to make sound judgements and react appropriately to hazards is severely weakened. This can lead to unpredictable behavior, leading to potential liability for the collision that occurs.
• Chain Reaction Collisions: In multi-vehicle accidents, if the rear driver was pushed forward by another vehicle, they may not be at fault for hitting the car in front.
• Reversing: When the vehicle in the front unexpectedly reverses into the rear vehicle, especially in traffic, a parking lot, or at an intersection, the reversing driver is typically at fault as they are required to proceed in reverse only when it is safe to do so. Driving in reverse adds an extra level of care required when operating a vehicle.

Contributory negligence might apply if you are partly to blame for the accident. This means the law, under the Contributory Negligence Act, can split the blame between you and the other driver based on how responsible each of you are for causing the injuries that have been sustained. If you are found responsible for a portion of the accident, your compensation may be reduced by that percentage.

If You Have Been in a Rear-End Collision:

If you find yourself involved in a rear-end collision accident, it’s important to take the right steps to protect yourself and ensure you receive the proper compensation that you deserve. Below are the recommended steps to ease the process of an insurance claim:

1. Ensure Immediate Safety

The first priority after a rear-end collision accident is to make sure that everyone involved is okay. If possible, move to a safe location away from traffic to avoid the potential of further accidents. Check yourself and others for injuries and. if necessary, contact emergency services to ensure there is proper medical care. Make sure to try and stay calm when assessing the situation and all involved to prevent additional hazards and ensure that any injured party is identified and can receive medical attention promptly.

2. Report the Accident to the Police

Once everyone is safe, contact the police to report the accident. If you do not have a phone, ask to borrow one or for someone to phone the police for you. An official police report is a crucial document for insurance claims and legal proceedings, as it helps establish the facts of the incident and determine liability. Provide the officers with accurate details about the accident, including the time, location, and any observations you made. This official account will be vital for supporting your claim and clarifying the events that led to the collision.

3. Exchange Insurance Information

After ensuring safety and contacting the police, exchange insurance and contact information with the other driver(s) involved in the accident. Be polite and cooperative, but cautious with your word choice. While you should cooperate with other parties involved, do not make any statements admitting fault or downplaying of your injuries. If you or the other party are not insured, the Motor Vehicle Accident Claims (MVAC) Act may provide a path for compensation. It is important to exchange information and stay at the scene of the crash to avoid further legal issues.

4. Document the Scene

Thoroughly documenting the accident scene is crucial for building a strong claim. Take clear photos of the vehicle damage, road conditions, and any visible injuries. Capture multiple angles and note any additional details, such as skid marks or debris. Accident scenes can change quickly, so documentation of the crash in a fast and safe manner is important to ensuring that the documentation is accurate. Additionally, write down your observations of how the accident occurred, including weather and traffic conditions. This comprehensive documentation will support your claim and help establish fault.

5. Seek Medical Attention

Regardless of how you feel immediately after the accident, seek medical attention as soon as possible. Some injuries, including whiplash or internal injuries, may not be immediately apparent. Getting a professional evaluation ensures that any potential injuries are identified and treated promptly. Keep detailed records and receipts of all medical visits, treatments, and prescriptions, as these documents are essential for your personal injury claims.

6. Contact Your Insurance Provider

Reach out to your insurance provider to report the accident and initiate the claims process. Be honest about your injuries and how you feel and avoid minimizing your symptoms. The words you use can impact your claim, so be clear and truthful in your explanations. If you’re uncertain about coverage, particularly if you are uninsured, the MVAC Act may help.  Inquire about how it could apply to your situation.

7. Record Ongoing Impact

After the initial shock of the accident, it’s important to keep a detailed record of any ongoing symptoms from the rear-end collision accident. Regularly document how you feel, noting any pain, discomfort, or changes in mobility. Also, keep track of any treatments or therapies you receive, including follow-up appointments and rehabilitation sessions. This ongoing documentation will help demonstrate the full extent of your injuries and their impact on your daily life, which is crucial to helping with your settlement.

8. Consult a Lawyer

Get in touch with an experienced personal injury lawyer. These lawyers can provide valuable guidance on your legal options, help you navigate the complexities of the claims process, and ensure you receive fair compensation. They can assist in gathering evidence, negotiating a potential settlement, and representing your case if it goes to court. Their expertise can make a significant difference in the outcome of your claim.

Legal Assistance for Rear-End Collisions:

If you’ve been involved in a rear-end collision in Alberta, you don’t have to face the aftermath alone. The Injury Law Team at KMSC Law has experience helping people across Northern Alberta navigate complex claims and secure fair compensation. From soft tissue injuries to serious, life-changing accidents, our lawyers take the time to listen, explain your options, and protect your rights every step of the way.

Contact KMSC Law today for a free consultation and let our team help you move forward with confidence.