John W. Redmann | June 16, 2025 | Car Accidents
Rear-end collisions are among the most common types of car accidents in Louisiana. They often happen at stoplights, intersections, or during sudden traffic slowdowns. Many people assume a rear driver is always at fault, but that’s not always the case. In Gretna and throughout the state, liability depends on the specific facts of the crash.
Louisiana law does place a heavy burden on the rear driver, but there are exceptions. Understanding how fault is determined can help you protect your rights if you’re ever involved in this kind of crash.
Why the Rear Driver Is Usually Presumed at Fault
In most rear-end crashes, the driver in the back is presumed to be responsible. This is based on the idea that all drivers must maintain a safe following distance.
If you hit the car in front of you, it’s often because you were:
- Following too closely
- Distracted by your phone or your surroundings
- Driving too fast for traffic conditions
- Not paying attention to brake lights or stop signs
Under Louisiana Civil Code Article 2315, every driver has a duty to operate their vehicle with reasonable care. When a rear-end collision occurs, courts often see it as a failure to meet that duty unless the rear driver can prove otherwise.
When the Front Driver May Be at Fault
While the rear driver is usually blamed, there are situations where the front driver shares fault or is entirely responsible.
These include:
- Sudden and unnecessary stops: If a driver slams on the brakes for no reason, they could be partially or fully liable.
- Brake lights not working: If the front vehicle’s lights are out, the rear driver may not have had fair warning.
- Reversing into another car: This often happens in parking lots or when pulling out from driveways.
- Road rage or brake-checking: If the lead driver intentionally stops short to provoke a crash, they could be found at fault.
In these situations, evidence like dashcam footage, witness statements, or traffic camera recordings can be critical in proving the rear driver was not entirely to blame.
How Comparative Fault Works in Louisiana
Louisiana follows a comparative fault system. That means fault can be shared between two or more drivers, and any compensation awarded will be reduced based on your share of
responsibility.
For example:
- If you were found 30% at fault and your damages total $10,000, you would recover $7,000.
- If both drivers made mistakes—say, one followed too closely and the other had no brake lights—the court may divide fault between them.
Even if you were partly to blame for the accident, you can still recover damages as long as you were not 100% at fault.
Proving Fault After a Rear-End Crash
If you’re involved in a rear-end accident in Gretna, gathering evidence right away can make a major difference.
You should:
- Take photos of both vehicles, road conditions, and any damage
- Get witness statements from bystanders who saw what happened
- Request the police report, which often includes an officer’s opinion on fault
- Check for traffic or surveillance cameras nearby
- Consult an attorney if injuries or property damage are significant
Insurance companies may try to assign blame quickly, especially in rear-end cases. Solid evidence can help make sure your side is heard.
What to Do After a Rear-End Accident in Gretna
If you’re rear-ended or accused of causing a crash, stay calm and take the right steps:
- Call 911 and report the accident
- Exchange information with all drivers involved
- Seek medical attention, even if injuries seem minor
- File a claim with your insurance company
- Keep records of everything related to the accident
A rear-end accident can lead to neck injuries, vehicle repairs, and insurance headaches. Whether you’re in traffic on the Westbank Expressway or pulling into a parking lot, knowing your legal rights matters.
Contact a Gretna Rear-End Accident Lawyer at Law Office of John W. Redmann, L.L.C. for Help Today
Rear-end collisions are often blamed on the rear driver, but fault is not automatic. Every crash in Gretna needs to be looked at based on the specific facts and evidence. Whether you’re the front or rear driver, you may be able to challenge assumptions about liability and protect your claim. Knowing how fault works in a rear-end accident can help you take the right steps after a crash and avoid being unfairly blamed.
If you’ve been injured, contact the Law Office of John W. Redmann, L.L.C. for a free consultation with a Gretna car accident lawyer.