Rear-end crashes are among the most common collisions in Vermont. Here is how fault is usually determined — and the exceptions.
The General Presumption
Drivers must leave enough following distance to stop safely. When a driver rear-ends the vehicle ahead, they are usually presumed at fault for following too closely or not paying attention. This is true even at low speeds in stop-and-go traffic.
Exceptions and Disputes
The presumption is not absolute. A lead driver who stops suddenly without reason, has broken brake lights, or cuts in and brakes can share fault. Under Vermont's comparative negligence rule, fault may be split by percentage.
Whiplash and Hidden Injuries
Rear-end crashes commonly cause whiplash and soft-tissue injuries that may not appear immediately. Prompt medical care creates the record that connects these injuries to the crash.
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This article is for general informational purposes only and is not legal advice. For guidance on your specific situation, consult a licensed Vermont attorney.