You may have heard that the driver behind is always to blame.
Is the rear driver always to blame if they crash into the car in front?(Image: Getty)
Many drivers will often try to balance their desire to keep their journey moving without disruption with the need to drive safely and sensibly at all times. One way this might manifest itself is a driver of a moving vehicle looking to their right to see if a roundabout is clear even before the car in front of them has entered the roundabout.
Other ways might be driving a bit too close to the driver in front to get through traffic lights; driving in a long queue of traffic or even just while driving on a congested road in a town or city. In fact, a little-known police document published in 2018 showed that red light cameras (cameras at traffic lights designed to catch drivers going through a red light) led to a 19% increase in rear-end crashes as drivers stopped suddenly to avoid running a red light, catching the driver behind unawares.
One real-life example caught on dashcam showed one car following another at very low speed, with little obvious risk of an accident. However, when the car in front stopped to allow a bus to exit a bus stop (which was the right thing to do), the driver behind, who claimed they had only briefly checked their rear view mirror, crashed into the car in front. In situations like this, who is to blame?
The Highway Code on rear-end crashes
Rule 126 of the Highway Code does not specify who is to blame for rear-end crashes. However, it is very clear that you should “leave enough space between you and the vehicle in front so that you can pull up safely if it suddenly slows down or stops”. It adds: “The safe rule is never to get closer than the overall stopping distance.”
It adds: “Allow at least a two-second gap between you and the vehicle in front on high-speed roads and in tunnels where visibility is reduced. The gap should be at least doubled on wet roads and up to ten times greater on icy roads.”
What is tailgating?
The Highway Code defines tailgating as being “where the gap between you and the vehicle in front is too small for you to be able to stop safely if the vehicle in front suddenly brakes”. It adds: “Keeping a safe distance from the vehicle in front gives you time to react and stop if necessary. Dangerous and careless driving offences, such as tailgating, are enforced by the police.”
The RAC says: “Tailgating falls under the careless driving offence and could land you with a £100 charge and three penalty points on your licence. In the worst cases, tailgating can result in a driving ban or even a prison sentence if a serious collision occurs as a result. It’s considered dangerous because it reduces the safe distance between vehicles, increasing the likelihood of accidents.”
Driving without due care and attention
There is no specific offence of driving too close to the rear end of another car, or of “tailgating” as it is often known. Instead, police would consider whether this could be considered careless or dangerous driving, which are both offences. Gloucestershire Police said in 2025: “Tailgating is a description of an event and not offence wording. Gloucestershire Constabulary records these as part of a wider group of ‘driving without due care and attention’ offences.”
In data released by North Wales Police in 2025, it referred to an offence of driving without due care and attention in which one driver was “persistently tailgating” another.
Driving without due care and attention is punishable with a £100 fine and three points added to your driving licence for minor incidents. However, it is entirely possible that crashing into the rear of someone else’s vehicle could be viewed as more than driving without due care and attention and could qualify as dangerous driving, or worse. The fine for dangerous driving in the UK is unlimited. It could also lead to a driving ban and prison time.
Is the rear driver always to blame?
Darrell Kaye, a Partner at Digby Brown Solicitors, writing on The Motor Accident Solicitors Society website, says: “There is often a presumption of fault on the driver at the rear. However, it’s not always this straightforward – especially when accusations are made that the collision happened because the car in front braked suddenly and for ‘no apparent reason’ to the rear driver.
“The idea that someone is automatically and entirely to blame if they rear-end the vehicle in front is false. Blame – or liability – for rear-end collisions depends entirely on the unique circumstances of each incident.”
Ropewalk Chambers barrister Shilpa Shah set out the principles which decide liability in road traffic accidents. She said “the defendant will be liable in negligence if she failed to attain the standard of a reasonable careful driver and if the accident was caused as a result” but added that this assessment “cannot be conducted in a vacuum; it must be done by reference to the actual circumstances of the actual collision”.
