When a rear-end collision happens, many people instinctively assume the driver in the back is always at fault. But is that always accurate under Arizona law?
At GLG Personal Injury Lawyers, we help you understand how fault is determined in Phoenix, who may share responsibility, and why you need a skilled legal advocate by your side from day one.
Why Understanding Fault Matters
If you have been injured in a rear-end crash, fault determines who pays for medical bills, vehicle damage, lost wages, and pain and suffering. Insurance companies will analyze the circumstances and often look for ways to shift blame onto you. If you underestimate the complexity of the fault, you risk being under-compensated, or worse, denied entirely.
As a law firm operating in Phoenix, Arizona, we treat clients like family and draw on decades of experience to fight insurers who try to lower your value.
The Presumption in Rear-End Collisions
In many states, there is a legal presumption that in a rear-end crash, the trailing driver is at fault. The reasoning is that you should maintain a safe distance and pay attention to traffic ahead. In Phoenix, that presumption often holds unless compelling evidence proves otherwise. However, a presumption is not absolute. The lead driver may be partially or wholly at fault in some cases. For example:
- The lead driver brakes suddenly for no reason
- The lead car reverses or backs into traffic
- The lead vehicle has a mechanical failure (e.g., brake failure)
- The lead driver’s taillights were not working
- Road hazards or environmental conditions played a role
When evidence supports these scenarios, the legal presumption can be rebutted.
Arizona’s Comparative Fault System
Arizona uses a comparative negligence standard. That means you can still recover compensation even if you share some fault. However, your damages can be reduced proportionally to your percentage of fault.
Example: If you are found 20 % at fault and your total damages are $50,000, your recoverable amount would drop to $40,000. This principle makes it crucial to have a skilled attorney arguing that you bear minimal or no fault, especially in rear-end cases where insurers may aggressively assert shared liability.
Common Scenarios in Phoenix Rear-End Crashes
Here are frequent patterns we see in Phoenix:
- Sudden braking in stop-and-go traffic — Someone slams on the brakes, and the driver behind cannot react in time.
- Tailgating — The rear driver follows too closely, leaving insufficient stopping distance.
- Distracted driving — Texting, looking at a GPS, or glancing at a phone leads to a delayed reaction.
- Brake failure or poor vehicle maintenance — Mechanical problems might shift some liability.
- Defective parts — A malfunctioning brake light or defective brake system can raise questions of product or maintenance liability.
- Chain reaction collisions — When multiple vehicles are involved, it can complicate determining who struck whom first and who is liable.
In Phoenix, with heavy traffic hotspots and freeway interchanges like I-10 and I-17, chain-reaction and multi-vehicle crashes are common, making fault investigations more complex.
How We Investigate Fault at GLG
At GLG Personal Injury Lawyers, we tackle the tough questions insurers want to avoid. Our process includes:
- Scene Reconstruction: We reconstruct the crash using photos, skid marks, vehicle data (black box), and expert testimony to determine speeds, distances, and points of impact.
- Witness Statements & Surveillance: We locate and interview witnesses and review traffic cameras, red light cameras, or nearby stores’ video footage.
- Vehicle Inspection & Maintenance Records: We check whether mechanical issues, brake defects, or lack of maintenance contributed to the collision.
- Medical Examination Correlation: We match injury patterns with collision forces to confirm that the crash caused your injuries.
- Comparative Fault Strategy: We present evidence and arguments to minimize your fault percentage or shift blame to the lead driver.
We prepare every case as if it may go to trial, because insurers take stronger settlement positions when a case appears ready for courtroom battles.
Real Questions People Ask in Phoenix
Who Is Always Considered At Fault?
No one is automatically at fault. The trailing driver is often presumed negligent, but that presumption can be challenged with evidence. A careful investigation is essential.
Can Both Drivers Be Partly Liable?
Yes. Under Arizona’s comparative negligence law, both drivers may share responsibility, and each bears a portion of the damages. The more fault your attorney can shift, the more you retain.
Is It Worth Filing a Claim for Minor Damage?
Yes. Even “minor” crashes can mask serious injuries like whiplash, herniated discs, or soft tissue damage. You may need more than property repairs to be properly compensated.
How Much Time Do I Have to File a Claim?
In Arizona, most personal injury claims must be filed within two years from the date of the accident. Missing the deadline may bar you from recovery. (Arizona Revised Statutes § 12-542)
Should I Talk to the Insurance Adjuster?
You should avoid giving recorded statements without legal advice. Insurance adjusters often try to use your words against you to reduce what they pay. Let us handle that communication for you.
Why You Need a Skilled Phoenix Rear-End Crash Attorney
Because insurers have teams of adjusters and legal tactics designed to push you to settle quickly and cheaply, you need strength, strategy, and local experience to level the playing field. At GLG Personal Injury Lawyers, led by Brendan Gallagher, we:
- Stand between you and the insurance company
- Ensure your medical records, future care, and lost earnings are fully documented
- Push back against low-ball offers
- Litigate when necessary to hold negligent parties accountable
- Provide clear, honest communication and personal attention
As we say: “When you work with our team … you gain a team that listens, fights, and never loses sight of what matters.”
Steps You Should Take Immediately After a Rear-End Crash
- Call 911 and request a police report
- Seek medical care right away, even if the injuries feel minor
- Photograph the scene, damage, skid marks, and vehicle positions
- Obtain contact information from other drivers and witnesses
- Do not admit fault or downplay your injuries
- Avoid recorded statements with adjusters
- Contact GLG Personal Injury Lawyers as soon as possible
Getting prompt legal guidance helps preserve evidence and strengthens your ability to contest fault.
How GLG Can Help You Recover
When you retain our firm, we immediately go to work:
- We investigate fault thoroughly
- We manage all communications with insurers
- We calculate your full damages, including future medical care
- We negotiate aggressively for a fair settlement
- If necessary, we litigate in Arizona courts
- You pay nothing unless we win
We do this not just as attorneys, but as advocates who believe your story deserves to be heard.
What Could Be At Stake in Your Claim?
- Medical expenses
- Rehabilitation and future treatment
- Lost wages or diminished earning capacity
- Damage to your vehicle and property
- Pain, suffering, emotional distress
- Permanent impairment or disability
The amount depends heavily on how well the fault is argued, the injuries you sustained, and the valuation of future care. With effective representation, you stand a much better chance of recovering full value.
Don’t Let Fault Be Decided Without Evidence
The question: Who is at fault in a rear-end accident in Phoenix? It is not a simple one.
It demands experience, investigation, and strategic advocacy. Insurance companies know this, and they will attempt to take shortcuts at your expense. At GLG Personal Injury Lawyers, we dig deeper. We challenge assumptions, push back against low offers, and aim for justice because your recovery is more than just a number; it is your life, your health, and your future.
If you or someone you love has been hurt in a rear-end collision, do not wait. Let us review your case with no risk and no upfront fee. We are ready to fight for your rights, defend you against unfair tactics, and ensure fault is fairly assigned and your damages fully recovered.
Contact GLG Personal Injury Lawyers for a free, no-obligation consultation. Let us be the partner you need when fault matters most.