Who is at fault if the brake lights are not working and a rear-end collision occurs?
4 Answers
Generally, if the brake lights are not working and a rear-end collision occurs, the following vehicle is usually held responsible. Below are the scenarios: 1. First scenario for determining liability in a rear-end collision: If the leading vehicle is driving normally, and the following vehicle causes a rear-end collision due to excessive speed or lack of attention, the following vehicle bears full responsibility. 2. Second scenario for determining liability in a rear-end collision: If the leading vehicle suddenly reverses on the road, leading to a rear-end collision, the leading vehicle bears full responsibility. Forcing a reverse on the road after missing a turn often results in the following vehicle being unable to react in time, causing a collision. If the following vehicle is speeding, it can easily lead to severe damage or fatalities. The leading vehicle is fully responsible in this case. 3. Third scenario for determining liability in a rear-end collision: If the leading vehicle stalls on a slope and fails to engage the handbrake or step on the brake in time, and the following vehicle is too close, it can lead to a rolling rear-end collision. This can also happen if a novice driver improperly starts on a slope during traffic congestion, causing the vehicle to roll and collide. The leading vehicle bears full responsibility in this scenario.
I specifically looked into this matter. In rear-end collisions, the following vehicle usually bears greater responsibility because they must maintain a safe distance. However, if the brake lights of the leading vehicle are faulty, the driver behind may misjudge the speed due to the lack of braking signals. A friend who works at the traffic management bureau told me that handling such accidents depends on the specific circumstances: if the leading vehicle knowingly drove with faulty brake lights without repairing them, they might bear secondary responsibility; the following vehicle, failing to maintain distance, would definitely bear primary responsibility. Just last week, my neighbor got the short end of the stick because of this and was deemed 20% at fault, costing them thousands more in insurance. Car owners, remember to check your lights monthly to avoid disputes.
I've been driving heavy trucks for over a decade and witnessed countless rear-end collisions on the road. When brake lights aren't working, liability determination gets tricky. The following vehicle is always responsible for maintaining safe distance - that's non-negotiable. But the leading vehicle also has an obligation to ensure all lights are functional! Traffic police typically split the blame: 70% on the following vehicle, 30% on the leading one. Last year, a guy in our fleet didn't notice his brake lights were out and got rear-ended on the highway - he still had to cover 30% of repair costs. That's why you must always walk around your vehicle for pre-trip inspections - those few minutes could save you big.
Liability determination depends on the evidence chain. Traffic police will verify whether the brake lights were truly malfunctioning during the accident, where the rear vehicle's dashcam footage is crucial. Legally speaking, the rear vehicle bears primary responsibility for failing to maintain a safe distance, but the front vehicle also shares partial liability for not maintaining proper vehicle safety conditions. It's advisable to immediately contact your insurance company as they have established liability allocation algorithms. My cousin experienced this situation before - the other party's insurer ultimately covered 70% of costs while he paid 30% for repairs. Remember to photograph all vehicle damage and retain maintenance records.
