The rear driver is presumed at fault in most rear-end crashes because of the duty to maintain a safe following distance. But ‘usually’ is not ‘always.’
Why the Rear Driver Usually Loses
Maine drivers must keep enough distance to stop safely. Failing to do so — from tailgating, distraction, or speed — typically establishes negligence in a rear-end crash.
When the Lead Driver Shares Blame
A lead driver who brake-checks, has non-functioning brake lights, or stops suddenly without reason may share fault, which matters under Maine's comparative rule.
Documenting the Crash
Photos, witness accounts, and damage patterns help establish the sequence and protect you if the other side disputes fault.
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This article is for general informational purposes only and is not legal advice. For guidance on your specific situation, consult a licensed Maine attorney.