How is liability determined when the front car brakes suddenly and the rear car rear-ends it?
3 Answers
The rear car bears full responsibility when the front car brakes suddenly and a rear-end collision occurs. According to traffic laws, the following vehicle must maintain a sufficient safe distance from the vehicle in front. If the front vehicle brakes suddenly, the rear vehicle must be able to stop in time. If the rear vehicle fails to stop and causes a collision, regardless of the reason for the front vehicle's sudden braking, the rear vehicle is fully at fault if it hits the front vehicle. During dusk, it is common to encounter vehicles where the driver has not turned on the lights in time or the taillights are broken without the driver noticing, reducing the vehicle's visibility and increasing the risk of accidents. In such rear-end collisions, the law recognizes that the front vehicle bears secondary liability, while the rear vehicle bears primary liability.
As a veteran driver with over 20 years of experience, I've witnessed numerous rear-end collisions. When the leading vehicle brakes suddenly and the following vehicle hits it, the responsibility usually falls on the following driver, as this typically indicates failure to maintain a safe distance. Traffic regulations are clear: the following vehicle must always control its speed and distance properly, avoiding tailgating. For instance, during urban traffic jams, I constantly remind myself to maintain at least a 3-second reaction gap. If the leading vehicle brakes abruptly to avoid an obstacle or prevent a more serious accident, the following vehicle remains fully liable. Evidence is crucial – I recommend all drivers install dashcams to potentially prove leading vehicle fault, though in reality, unjustified sudden braking is extremely rare, leaving little room for shared liability. Insurance claims also tend to favor compensation from the following driver, so never use phones while driving, and exercise extra caution during rain or fog.
I just got my driver's license a little over a year ago, and that near-miss rear-end collision experience gave me a cold sweat. Now I understand that in such rear-end accidents, the following vehicle is almost always held responsible, mainly for not maintaining sufficient distance. My driving instructor always says to leave a gap of at least 2 seconds when driving; but if the car in front brakes suddenly and you're a slow-reacting beginner, you just have to accept it—that's how the regulations are set. Only if you can provide evidence that the front car braked maliciously or didn't signal, do you have a chance to share the responsibility with the front car. In daily driving, I think frequent braking in the city is quite normal. It's best to keep a small notebook in the car to record accident details, making it easier to report to the police. As for insurance, it's straightforward—just hand it over to the following car's insurance company, which saves a lot of hassle.
