1. Police Investigation: After the collision, the police will arrive at the scene to investigate. They will document the details, take statements from both parties, and create a police report.
2. Primary Fault: In most jurisdictions, the driver who rear-ends another vehicle is generally considered primarily at fault. This is because the following driver has a duty to maintain a safe distance and be prepared to stop if the vehicle in front slows down or stops.
3. Brake Light Malfunction: The fact that the other vehicle's brake lights were not working may be a factor in determining contributory negligence or comparative fault. However, it does not necessarily mean that the driver who was rear-ended is entirely without fault.
4. Comparative Negligence: In states that follow comparative negligence laws, the court may apportion fault between both parties based on their contributions to the accident. If the court determines that the driver who was rear-ended was partially responsible for the collision due to their failure to maintain a safe distance or other negligent actions, their compensation may be reduced accordingly.
5. Evidence and Witnesses: The police investigation and any witnesses present at the scene can provide crucial evidence in determining fault. Witness statements, photos of the vehicles and the scene, and any available traffic camera footage can help establish the sequence of events and who violated traffic laws.
6. Insurance Claims: If there are injuries or vehicle damage, insurance companies will typically investigate the accident to determine liability and coverage. They will consider the police report, witness statements, and any other evidence to decide on the appropriate compensation.
7. Civil Lawsuits: In cases of severe injuries or significant property damage, the affected party may decide to pursue a civil lawsuit against the at-fault driver. This can involve further litigation and the presentation of evidence to establish liability and damages.
Remember, traffic laws and regulations may vary across jurisdictions, so it's crucial to consult with legal professionals or research the specific laws in your region to understand the implications and potential outcomes in such accidents.
