Is the Rear Vehicle Always Fully Liable in a Rear-End Collision?
2 Answers
Rear-end collisions do not necessarily mean the rear vehicle is always fully liable. According to Article 60 of the Road Traffic Accident Handling Procedures, the traffic management department of the public security organ shall determine the liability of the parties involved based on their actions' role in causing the accident and the severity of their faults. If the road traffic accident is caused by the fault of one party, that party bears full liability; if the accident is caused by the faults of two or more parties, each party shall bear primary liability based on their actions' role in the accident and the severity of their faults; if none of the parties involved have any fault leading to the road traffic accident, it is considered a traffic accident, and no party is liable; if one party intentionally causes the road traffic accident, the other party is not liable.
I have an old buddy who's been driving for 25 years, and we often get together to chat about road experiences. Many people think the rear vehicle is always fully responsible for rear-end collisions, but that's not actually the case. I've seen quite a few exceptions. For example, last year on the highway, I witnessed a car suddenly change lanes and then brake hard, causing the car behind to crash into it. The insurance company investigation found the front car didn't use its turn signal and bore 30% of the responsibility. Another time, in a parking lot, a front car reversed without checking the mirrors and hit the car behind, with the front car being deemed primarily at fault. Dashcams proved extremely helpful in these cases, and I recommend everyone install one. The key to safe driving is maintaining sufficient following distance, with even greater distances needed in rain or at night. Regular brake system checks can also reduce risks, given the unpredictability of the road. In case of an accident, stay calm—first take photos for evidence, then call the police. Remembering these tips can save you a lot of trouble.