Stephen B. Farmer | September 23, 2026 | Car Accidents
In most Morgantown rear-end collisions, the following driver is likely to be at fault because West Virginia law requires motorists to maintain a reasonable and prudent following distance. However, fault is not automatic. The lead driver or another party can share responsibility when their actions contribute to the crash.
West Virginia Code § 17C-7-10 requires drivers to consider vehicle speed, traffic, and road conditions when choosing a safe following distance. Ultimately, the evidence showing what each driver did before the crash will help determine liability.
Why Rear-End Accidents Are Usually Presumed to Be the Following Driver’s Fault
The following driver is commonly held responsible for a rear-end crash because drivers must leave enough room to react and stop safely. West Virginia Code § 17C-7-10 specifically prohibits following another vehicle more closely than is “reasonable and prudent” under the circumstances.
That does not mean the rear driver is automatically responsible for every collision. Instead, a rear impact can be strong evidence that the following motorist was traveling too closely, speeding, distracted, or otherwise unable to stop in time.
West Virginia courts have also addressed the importance of this rule. In Price v. LaMaster, the Supreme Court of Appeals of West Virginia considered allegations that motorists violated § 17C-7-10 by following too closely and discussed how a statutory violation could serve as evidence for a jury considering negligence.
Exceptions Where the Lead Driver Can Be Liable
A lead driver can share liability when their actions contribute to a rear-end collision. For example, fault may be disputed when the lead driver suddenly stops without justification, fails to give a required signal, or makes an unsafe maneuver.
West Virginia also follows modified comparative fault. Under West Virginia Code § 55-7-13a, fault can be divided among the people whose actions caused an injury, with liability allocated according to each person’s percentage of fault.
Common Injuries in Rear-End Crashes
Rear-end crashes can cause serious injuries, even when they happen at relatively low speeds. The sudden impact can force an occupant’s head and body forward and backward, putting significant strain on the neck, back, and other parts of the body.
Common injuries include:
- Broken bones
- Soft-tissue injuries
- Cuts and bruises
- Whiplash and other neck injuries
- Back and spinal injuries
- Traumatic brain injuries and concussions
- Shoulder injuries
Farmer, Cline & Campbell Personal Injury Lawyers has recovered more than half a billion dollars for injured clients, including a $4.5 million recovery for a motor vehicle accident. Stephen B. Farmer has also been recognized by West Virginia Super Lawyers. We can assess the full range of your injuries and help you fight for compensation.
How Insurance Companies Try to Minimize These Claims
Insurance companies may challenge who caused the crash, how serious the injuries are, or whether the collision caused the claimant’s medical problems. An adjuster may also argue that the injured person shares some responsibility for what happened.
Insurers may look closely at prior medical records, vehicle damage, statements made after the accident, and gaps in medical treatment. Because West Virginia allocates damages based on fault, evidence showing how the collision occurred can directly affect a claim.
When discussing the accident, avoid guessing about speed, distance, injuries, or fault. Clear and accurate documentation can be especially important if an insurer later disputes what happened.
Evidence That Proves Fault
The strongest evidence in a rear-end collision helps show what each driver was doing in the moments before impact. Photos, video, witness accounts, and physical evidence can help reconstruct the crash and clarify which driver’s actions caused it.
Useful evidence may include:
- Police crash reports
- Photos and videos from the scene
- Dashcam or surveillance footage
- Eyewitness statements
- Vehicle damage
- Skid marks and debris
- Cellphone records when distracted driving is suspected
- Event data recorder information
- Medical records documenting injuries
It is important to preserve evidence as soon as possible. Surveillance video can be erased, vehicles can be repaired, and witnesses may forget important details as time passes.
Frequently Asked Questions
Is the Rear Driver Always at Fault in West Virginia?
No. The following driver is often responsible, but fault depends on the evidence. A lead driver or another party may share liability if their conduct contributed to the collision.
What Is West Virginia’s Following-Distance Law?
West Virginia Code § 17C-7-10 requires drivers to maintain a following distance that is reasonable and prudent based on speed, traffic, and road conditions.
Can Both Drivers Be at Fault for a Rear-End Crash?
Yes. West Virginia uses comparative fault, so responsibility can be allocated among multiple people whose conduct contributed to an accident.
What Evidence Is Important After a Rear-End Collision?
Photos, video, witness statements, police reports, vehicle damage, medical records, and electronic vehicle data can help establish how a rear-end collision occurred.
Contact the Morgantown Car Accident Lawyers at Farmer, Cline & Campbell Personal Injury Lawyers for Help
Fault in a rear-end collision is not determined solely by which vehicle was struck. The events leading up to the crash and evidence showing what each driver did can determine who is legally responsible.
Reach out to an experienced Morgantown car accident lawyer at Farmer, Cline & Campbell Personal Injury Lawyers to schedule a free initial consultation today. We have convenient locations in Charleston, Beckley, Morgantown, WV.
Farmer, Cline & Campbell Personal Injury Lawyers – Charleston
746 Myrtle Rd
Charleston, WV 25314
(304) 346-5990
Farmer, Cline & Campbell Personal Injury Lawyers – Beckley
101 N Kanawha St, Suite 101
Beckley, WV 25801
(304) 252-5990
Farmer, Cline & Campbell Personal Injury Lawyers – Morgantown
453 Suncrest Towne Centre Drive, Suite 300
Morgantown, WV 26505
(304) 225-5990