* Following Distance: A key element is whether the rear-ending driver maintained a safe following distance. Failing to do so is generally considered negligence.
* Sudden Braking: While sudden braking by the lead car might contribute to the accident, it doesn't excuse the following driver from their responsibility to avoid a collision. They should have been able to stop safely.
* Proof of Negligence: The rear-ending driver will typically need to prove they took every reasonable precaution to avoid the accident. This is a high burden of proof.
* Exceptions (Rare): There are extremely rare exceptions, such as if the lead driver brake-checked the following driver (intentionally braking suddenly to cause a collision), or if there was a mechanical failure in the following car that made stopping impossible. These exceptions require significant proof.
In short: The burden of proof lies heavily on the rear-ending driver to demonstrate they were not negligent. It's highly unlikely they will be found not at fault.
