Who Is Liable in Rear-End Crashes in Phoenix, AZ?

Arizona’s provision on following too closely, which states that drivers must not follow another vehicle “more closely than is reasonable and prudent,” may play a crucial role in determining who is liable in a rear-end crash. 

This statute forms the basis for determining fault in many rear-end accident claims. However, other factors like driver behavior, road conditions, and the involvement of commercial trucks or multiple vehicles can complicate the issue of liability.

If you were injured in a rear-end accident in Phoenix, proving liability and recovering compensation requires a detailed understanding of Arizona laws and a Phoenix rear-end accident lawyer, like Craig Swapp & Associates, by your side – to help assert your rights and build strong claims that identify and hold the responsible parties accountable.

Parties Involved in Rear-End Crashes in Phoenix, AZ

In most rear-end crashes, the driver who struck the vehicle in front is presumed to be at fault. The reasoning behind this presumption is grounded in Arizona Revised Statutes §28-730, which requires drivers to maintain a safe following distance that allows enough time to stop, even if the car ahead brakes suddenly.

The Rear Driver Is Typically Liable

Most rear-end accidents are preventable if the rear driver had been paying full attention, maintained a proper distance, or adjusted their speed based on traffic or weather conditions. When a driver fails to do this and hits another car, it usually signals negligence.

Examples of negligence from the rear driver might include:

• Tailgating
• Distracted driving 
• Speeding
• Impaired driving
• Failing to brake in time

When the Front Driver May Share Fault

Although the rear driver is often blamed, there are exceptions. 

• The front driver may share or even bear full liability in scenarios such as:
• Suddenly slamming on the brakes without a valid reason
• Cutting into a lane abruptly, leaving no time for the rear driver to react
• Operating a vehicle with non-working brake lights
• Reversing unexpectedly into the car behind

If there’s a dispute about fault, insurance adjusters and attorneys will investigate these types of actions closely.

Determining Liability in a Rear-End Accident in Phoenix

Liability in a Phoenix rear-end accident depends on evidence, not assumptions. Establishing fault involves collecting documentation and witness accounts that explain how the crash occurred.

Key evidence used in rear-end accident liability investigations includes:

• Police reports: Officers often assign fault based on statements and physical evidence.
• Traffic citations: If one driver received a ticket for following too closely or distracted driving, it could support liability findings.
• Dashcam or traffic cam footage: Clear video can help show who braked, changed lanes, or reacted improperly.
• Vehicle damage: The location and severity of impact may support one driver’s account over the other.
• Witness statements: Independent bystanders often provide unbiased insight into what happened.
• Electronic Data Recorders (EDRs): In newer vehicles, black box data can reveal speed, braking, and throttle use before impact.

In rear-end collisions involving trucks or commercial vehicles, additional layers of liability may apply. For instance, trucking companies may share responsibility if poor fleet maintenance or violations of federal safety regulations contributed to the crash.

Who Pays for Rear-End Accident Damages?

Arizona uses a “fault-based” insurance system. That means the driver found to be at fault for the accident (and their insurer) is responsible for compensating the injured party.

If you are the victim of a rear-end accident and the other driver is clearly at fault, you can file a claim for:

• Medical expenses
• Lost income
• Property damage
• Out-of-pocket expenses 

Unfortunately, some drivers in Phoenix either carry minimum coverage or drive uninsured. 

In these cases, victims may still have options:

• Uninsured/Underinsured Motorist (UM/UIM) coverage: If you carry this optional policy, it can help cover damages when the other driver is uninsured or underinsured.
• MedPay coverage: Medical payments coverage on your own policy may help pay for immediate medical bills, regardless of who’s at fault.
• Filing a personal injury lawsuit: In some cases, it may be necessary to sue the at-fault driver directly, especially when damages exceed available insurance limits.

Because these situations can get complicated, working with a rear-end accident lawyer is often the best way to explore your full range of legal and insurance options.

What if Both Drivers Share Liability for Rear-End Crashes?

In some cases, both drivers may share fault for a rear-end accident. For example, a rear driver might have been following too closely, while the front driver had broken brake lights or made an erratic lane change.

Arizona follows the pure comparative negligence rule. This means you can still recover compensation even if you are partially at fault. However, your compensation will be reduced by your percentage of fault.

Let’s say you were rear-ended, but you were also driving with faulty brake lights. If you’re found to be 20% at fault and your total damages are $50,000, you’d still be eligible to recover $40,000 (80%).

This rule encourages courts and insurance companies to look at the full picture rather than assuming liability rests solely on one driver.

What to Do When Rear-Ended in Phoenix?

Rear-end accidents can cause a wide range of injuries, from whiplash and back injuries to concussions and broken bones. Whether you’re hit by a passenger car, a rideshare driver, or a commercial truck, your first steps after the accident can impact your ability to seek compensation.

Learn about what to do after a crash in Arizona, including calling the police, collecting evidence, and notifying your insurer. The sooner you act, the stronger your injury claim may be.

Consult a Rear-End Accident Lawyer in Phoenix Today

A rear driver may be presumed at fault immediately, but brake failures, erratic lane changes, and shared negligence can shift that balance. Add in the complications of uninsured drivers, trucking companies, and comparative fault, and suddenly the case isn’t as clear-cut as it first appeared.

That’s why many turn to accident lawyers who understand how to build a strong case by identifying liability in every accident and pursuing fair compensation. If you’ve been injured in a rear-end accident and aren’t sure who’s responsible or how to prove it,  Craig Swapp & Associates is here to help. W

Get clear answers about your accident. Call us at 480-605-2499 to schedule a free consultation or send us a message about your case by answering our online form here.