In most rear-end collisions, the driver of the following vehicle (the one that strikes the vehicle in front) is typically considered to be at fault. This presumption is largely based on the rule that vehicles must maintain a safe distance to allow for sudden stops by the vehicles in front. Drivers are expected to have control over their own vehicle and to be alert to changing traffic conditions, including slowing or stopping traffic.
However, there can be exceptions depending on specific circumstances. For instance, if the lead vehicle suddenly reverses or stops without any apparent reason (such as brake-checking in a fit of road rage), the driver of the lead vehicle might be considered at fault. Additionally, if the lead vehicle has non-functioning brake lights, it could be partially or fully responsible for the collision. Moreover, if a third vehicle pushes the rear car into the car in front due to a separate collision, the fault might lie with this third vehicle.
Determining fault can also involve considering the road conditions, weather, traffic signals, and other relevant factors. In some jurisdictions, comparative or contributory negligence rules can apply, where fault can be apportioned between parties based on their respective contributions to the accident. Ultimately, law enforcement, insurance adjusters, and in some cases the courts will evaluate these factors to determine liability in a rear-end collision.