Rear End Injury Accidents

A driver must “not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway.” RCW 46.61.145(1).

The following driver is generally disfavored and liable for rear-end accidents.

The following driver is disfavored and has the primary responsibility to avoid a rear-end collision. Tackett v. Millburn, 36 Wn.2d 349, 218 P.2d 298 (1950); Vanwagenen v. Roy, 21 Wn.App. 581, 587 P.2d 173 (1978). Biehl v. Poinier, 71 Wn.2d 492,429 P.2d 228 (1967). Billington v. Schaal, 42 Wn.2d 878, at 880(1953); Ryan v. Westgard, 12 Wn. App. 500, 505, 530 P.2d 687 (1975). WPI 70.06.

Weather, road conditions, heavy traffic.

The following driver must maintain speed and distance that accounts for weather, road, and traffic conditions.

Ritter v. Johnson, 163 Wash. 153, 300 P. 518, 79 A.L.R. 1270 (1931)(The following driver in heavy traffic is required to maintain careful and continual observation sufficient to avoid collisions with vehicles in front.); Cronin v. Shell Oil Co., 8 Wn.2d 404, 112 P.2d 824 (1941); Miller v. Cody, 41 Wn.2d 775, 778, 252 P.2d 303 (1953); Vanderhoff v. Fitzgerald, 72 Wn.2d 103, 105-06, 431 P.2d 969 (1967); Jazbec v. Dobbs, 55 Wn.2d 373,347 P.2d 1054 (1960); Brummett v. Cyr, 56 Wn.2d 904, 355 P.2d 994 (1960).

Sudden stopping, deceptive or aggressive driving.

The following driver must anticipate sudden stops and must continue to maintain a safe distance.

Brummett v. Cyr, 56 Wn.2d 904, 355 P.2d 994 (1960). (Leading driver may stop suddenly at an amber light. An instruction on contributory negligence was error.); Ryan v. Westgard, 12 Wn. App. 500, 505, 530 P.2d 687 (1975); Bonica v. Gracias, 9 Wn. App. 817,515 P.2d 169 (1973), affd in part and rev’d in part, 84 Wn.2d 99,524 P.2d ₍ 232 (1974)(Sudden stop on off-ramp may be reasonable.); Izett v. Walker, 67 Wn.2d 903, 410 P.2d 802 (1966); Jazbec v. Dobbs, 55 Wn.2d 373,347 P.2d 1054 (1960).

A following driver is at fault unless the lead driver’s actions could not have been anticipated, such as intentionally slowing, accelerating, then stopping; or, a sudden stop or turn in circumstances where it could not have been anticipated.

Grapp v. Peterson, 25 Wn.2d 44,48, 168 P.2d 400 (1946)(Cutting off another driver);Rhoades v. DeRosier, 14 Wn. App. 946,546 P.2d 930 (1976); Danley v. Cooper, 62 Wn.2d 179, 181-82, 381 P.2d 747 (1963); Felder v. City of Tacoma, 68 Wn.2d 726, 415 P.2d 496 (1966)(abrupt stop at flashing amber light); James v. Niebuhr, 63 Wn.2d 800,389 P.2d 287 (1964)(sudden, unnecessary stop on arterial); Nelson v. Brownfield, 21 Wn.2d 898, 153 P.2d 877 (1944); Vanwagenen v. Roy, 21 Wn. App. 581, 587 P.2d 173 (1978)(Left turn from right lane); Enslow v. Helmcke, 26 Wn. App. 101,611 P.2d 1338 (1980)(Right turn from center lane); Graham v. Roderick, 32 Wn.2d 427,202 P.2d 253 (1949)(U-turn); Gooldy v. Golden Grain Trucking Co., 69 Wn.2d 610, 419 P.2d 582 (1966); Gerrard v. Craig, 67 Wn. App. 394,836 P.2d 837 (1992), rev’d on other grounds, 122 Wn.2d 288 (1993); Rhoades v. DeRosier, 14 Wn. App. 946, 546 P.2d 930 (1976); Billington v. Schaal, 42Wn.2d878, 259P.2d 634(1953) Palmer v. Jensen, 81 Wn. App. 148, 913 P.2d 413, remanded, 132 Wn.2d 193 (1997)(Stop on interstate off-ramp).