Rear-End Collisions in Washington State: Presumed Fault of Following Driver
Legal Presumption (RCW 46.61.145)
In Washington, the driver who rear-ends another vehicle is presumed negligent. The statute requires following at a "reasonable and prudent" distance and maintaining proper lookout. Violation creates a rebuttable presumption of fault.
Exceptions & Shared Fault
- Sudden Stop Without Cause: Lead driver brakes abruptly for no reason (e.g., no hazard, no signal).
- Non-Functioning Brake Lights: Lead vehicle's lights out; following driver cannot anticipate stop.
- Reckless Merging: Lead driver cuts off follower, leaving no safe distance.
- Road Hazard / Mechanical Failure: Sudden tire blowout, debris, ice – neither driver at fault.
- Comparative Negligence: WA is pure comparative fault state; damages reduced by plaintiff's % fault.
Evidence Considered
- Skid marks, vehicle data (EDR), dashcam, witness statements.
- Following distance (3-second rule minimum).
- Speed of both vehicles.
- Distraction (phone, DUI).
Practical Advice
- Document scene: photos, witness contacts, police report.
- Seek medical eval even if minor—whiplash symptoms delay.
- Notify insurer promptly; do not admit fault.
- Consult personal injury attorney if injuries/dispute >$10k.
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