I Was Hit From the Rear. Is The Other Driver at Fault?
Most seasoned Baltimore personal injury lawyer Attorney Eric T. Kirk will tell you the answer, generally, is yes. All drivers must use reasonable care for to avoid car accidents the safety of others. If one of those drivers follows too closely, or fails to pay attention, and strikes the driver in front, then, yes, they are at fault. But that’s not necessarily automatic.
Baltimore PI Lawyer Tip: The driver of the car in front has responsibilities too.
They must signal an intent to slow, stop, or turn. They cannot stop suddenly, or without warning. They cannot shift lanes suddenly when it no safe to do so If they fail to adhere to these requirements, it may well be determined that the front driver caused or contributed to the car accident. And of course, there is the “emergency doctrine” discussed in another guide, sometimes seized upon by judges to deny a claim.
Generally, but not exclusively, “Yes”. A seasoned Baltimore injury and accident lawyer will counsel an injured driver to consider these scenarios.
Illustrative Hypothetical: Stopped at a red on Light Street, the lead car rolls past the stop line and into the crosswalk. Seeing pedestrians, the driver suddenly reverses several feet without checking mirrors or honking, backing straight into the front bumper of the car behind. Both vehicles end up nose-to-trunk, so it looks like a rear-end—yet the impact occurs while the front vehicle is moving backward. Dashcam and pedestrian witnesses confirm the reverse maneuver. Because Maryland requires drivers to back only when it’s safe and prudent, fault can rest with the reversing driver, not the following motorist who remained stationary.
Illustrative Hypothetical: At night on the I-395 downtown spur, traffic flows 30–35 mph. The lead vehicle’s brake lights are inoperable, and the driver performs a sudden, unnecessary “panic stop” in a live lane to look for a missed ramp—no hazard lights, no shoulder use. The following driver has a lawful speed, a reasonable gap, and immediately brakes but still taps the unlit bumper. In Baltimore, operating a car with defective lamps and stopping unnecessarily in a travel lane may constitute negligence.
Baltimore PI Lawyer Tip: To win, Plaintiff must prove the rear impact stems from the lead driver’s equipment violation and unsafe stop—not from tailgating or inattention by the rear driver
In Maryland, a driver who makes an unsafe lane change and then stops short can be primarily at fault even if the collision contact is to the SUV’s rear bumper.
Illustrative Hypothetical: Approaching Conway Street, a SUV forces a merge from the right turn-only lane into the through lane within one car length of the following sedan, then instantly brakes to avoid missing a turn. The sedan’s dashcam shows the SUV crossing the solid lane marking, entering with no safe following distance, and braking hard 0.8 seconds later. The sedan was already under the speed limit and was not texting; its EDR confirms full braking input.
Baltimore PI Lawyer Tip: To win, Plaintiff must prove the impact stems from the exclusive, not primary fault of the stopping driver
These accidents are rife with potential for prompt claim denials. Illustrative Hypothetical: On Pratt Street, traffic is fully stopped at a red. The rear driver is stationary behind a minivan. A distracted pickup plows into the rear driver at speed, pushing the stationary sedan forward into the minivan’s bumper. Police document front-and-rear damage on the sedan, with skid-to-rest positions showing the sedan was propelled. Multiple witnesses confirm no movement by the sedan before impact. In Maryland, causation and negligence rest with the striking pickup; the sedan’s front impact is the secondary collision caused by being shoved. The stationary rear driver isn’t negligent merely because their car ultimately contacted the vehicle ahead.
It may come as surprise, but judges in Baltimore City do determine that the driver of the front vehicle struck by the following vehicle either caused or contributed to an accident.