Who is at fault for a rear end collision?

Generally, the driver of the rear vehicle is at fault. Motorists have a duty to look ahead and keep a proper look out. Additionally, Section 162 of the Motor Vehicle Act has been interpreted to mean that drivers have a duty to leave significant space in front of them to allow them to stop safely without hitting the vehicle in front:

Following too closely

162(1) A driver of a vehicle must not cause or permit the vehicle to follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of the vehicles and the amount and nature of traffic on and the condition of the highway.

(2) The driver of a commercial motor vehicle or a combination of vehicles, when driving on a roadway outside a business or residence district, must not follow within 60 m of another commercial motor vehicle or a combination of vehicles, but this must not be construed to prevent one commercial motor vehicle or a combination of vehicles overtaking and passing another.

(3) The driver of a motor vehicle in a caravan or motorcade, other than a funeral procession, outside a business or residence district, must leave sufficient space between his or her vehicle and another vehicle or combination of vehicles to enable a vehicle to enter and occupy that space without danger.

The courts have also stated that there is a presumption that the rear driver is at fault, unless they can prove they are not. Defenses do, however, exist. Examples of situations where the lead driver may be found partially or totally at fault include, where:

1. The lead driver has stopped in a place they were not permitted to.
2. The lead driver has stopped suddenly and without sufficient reason.
3. The lead driver has stopped in a place where their vehicle is not easily visible.
4. The lead driver has made an unsafe lane change and “cut off” the rear driver.
5. The lead vehicle does not make proper use of their turn signals or brake lights or has malfunctioning turn signals or brake light.

As per the above, there is a heavy onus on the rear vehicle to demonstrate why they are not at fault for a motor vehicle accident. Only in exceptional circumstances will a lead vehicle be found 100% at fault for a rear-end collision and, thus, be unable to recover damages for a personal injury case.