Rear-end Collisions

In New Jersey, liability for rear-end collisions generally falls on the party which initiated contact. “The driver of a vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard to the speed of the preceding vehicle and the traffic upon, and condition of, the highway.” N.J.S.A. 39:4-89. The New Jersey Supreme Court, in Dolson v. Anastasia, interpreted the aforementioned statute.

The Court held the following:

It is elementary that a following car in the same lane of traffic is obligated to maintain a reasonably safe distance behind the car ahead, having due regard to the speed of the preceding vehicle and the traffic upon and condition of the highway. Stackenwalt v. Washburn, 42 N.J. 15, 30 (1964). Failure to do so resulting in a collision, is negligence and a jury should be so instructed. N.J.S.A. 39:4-89, when it provides that "[t]he driver of a vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard to the speed of the preceding vehicle and the traffic upon, and condition of, the highway", merely incorporates the common law standard into the motor vehicle law to authorize penal sanctions for a violation. This does not mean, however, that such conduct is only evidence of negligence because it violates a statute. (It may be observed that the trial judge here charged, wrongly, although the instruction was not objected to, that following another vehicle more closely than is reasonable and prudent under the circumstances in violation of the cited statute is only evidence of negligence.). Dolson v. Anastasia, 55 N.J. 2, 10-11 (1969).

If you have been struck from behind by another motor vehicle, you need competent and confident legal representation that knows the lion’s share, if not all, of the liability will fall on the driver behind you. Don’t settle for less than the full amount or be bullied by insurance companies.