Is the Rear Vehicle Always Fully Liable for High-Speed Rear-End Collisions?
2 Answers
Whether the rear vehicle is fully liable for a high-speed rear-end collision depends on specific circumstances. Below is an introduction to the determination of liability in high-speed rear-end collisions: 1. Liability Determination: (1) If the rear vehicle collides with the front vehicle in motion, causing a rear-end collision, the rear vehicle bears full responsibility. (2) If the front vehicle lacks tail lights at night, leading to a rear-end collision, the front vehicle bears secondary liability, while the rear vehicle bears primary liability. (3) If the front vehicle stops on the road without turning on the hazard warning lights or setting up warning signs as required, resulting in a rear-end collision, the front vehicle bears secondary liability, and the rear vehicle bears primary liability. 2. Situations Where the Rear Vehicle Is Not Fully Liable: (1) When the front vehicle makes a U-turn and collides with the rear vehicle: If two vehicles are traveling side by side in the same direction with a dashed line in the middle allowing U-turns or turns, and the front vehicle suddenly accelerates to make a U-turn, causing the rear vehicle to collide while trying to avoid it, the front vehicle owner may bear full liability. If both vehicles are in the same lane and the front vehicle gradually slows down to make a U-turn without theoretically hitting the rear vehicle, the rear vehicle should be responsible for the collision unless the front vehicle suddenly brakes hard to make a U-turn, leaving the rear vehicle no time to avoid it. (2) Rear-end collision while crossing solid lines: Generally, if one party violates traffic rules and causes a collision, the violating party bears full liability. Therefore, if the front vehicle crosses a solid line in violation of traffic rules, even if the rear vehicle collides afterward, the front vehicle should be responsible for covering the collision damages. If both vehicles cross solid lines in violation of traffic rules, both share liability.
From a traffic regulation perspective, I'd like to share some insights. In highway rear-end collisions, the following vehicle usually bears greater responsibility because regulations require it to maintain a safe distance and avoid tailgating. However, this isn't an absolute rule for full liability. If the leading vehicle brakes suddenly—for instance, if the driver was distracted by phone use causing an abrupt stop, or if the brake lights were malfunctioning—the following vehicle may have no time to react, potentially resulting in shared responsibility. Traffic police assess evidence such as dashcam footage or on-scene traces to determine if the leading vehicle was at fault. I once encountered an accident where the leading vehicle reversed illegally, leading to shared liability. So while driving, avoid tailgating, especially on highways where maintaining at least 200 meters of distance reduces risks and saves fuel.
