September 2, 2024 | Personal Injury

Did you know that rear-end collisions are the most common type of multi-vehicle crash? The National Highway Traffic Safety Administration (NHTSA) reports that half of multi-car collisions in the United States are rear-enders. You may be wondering: Is the other driver automatically at fault if the rear-end me in Tulsa? The answer is technically “no”—though the rear driver is liable in the vast majority of rear-end collisions. Still, there are exceptions. Further, liability may be split in some cases. Within this article, our Tulsa auto accident lawyer provides a guide to liability in rear-end collisions in Oklahoma. 

Oklahoma is a Fault-Based Car Accident State

To start, it is important to clarify that Oklahoma is a fault-based motor vehicle accident state. No party is “automatically” liable for a crash. Instead, the driver (or other party) whose negligence caused the accident can be held legally responsible for the resulting damages. Determining fault is a key component in the claims process in Oklahoma. It directly influences the compensation that victims can recover for their damages. Every rear-end collision in Tulsa should be carefully investigated by an experienced attorney. 

The Rear-Driver is Usually (But Not Automatically) Liable for a Rear-End Collision 

The rear driver is not automatically liable for your accident if they hit you in Oklahoma. With that being said, in most rear-end collisions in Tulsa, the driver of the rear vehicle will be at fault. Indeed, it is generally presumed that they failed to maintain a safe following distance or were not paying attention. Still, liability is not automatic. There are certain circumstances—such as the lead driver suddenly reversing or stopping to turn without signaling—that could shift some or all of the fault. The specific circumstances that led to the rear-end collision always matter. 

Another key point to understand is that multiple parties can share liability for the same crash in Oklahoma. Under Okla Stat. Ann. Tit. 23 § 13, a modified comparative negligence standard applies. For instance, assume that you were rear-ended by another driver in Tulsa. You suffered $20,000 in damages. However, an investigation revealed that you had one brake light out. As a result, you are assigned 20% liability for your own crash. Under Oklahoma law, you would be liable for 20% of your own damages ($4,000). 

Most Common Causes of Rear-End Crashes in Tulsa

Rear-end collisions can happen for a wide range of different reasons. Every crash should be investigated. Some of the leading causes of rear-end accidents in Tulsa include: 

  • Tailgating: Tailgating is a frequent cause of rear-end collisions in Tulsa, occurring when drivers fail to leave adequate space between their vehicle and the one in front. Unreasonably close following does not allow enough reaction time to adjust to sudden stops. 
  • Distracted Driving: Distracted/inattentive drivers are another leading cause of rear-end collisions. Distractions reduce the driver’s awareness and reaction time, increasing the likelihood of failing to notice when traffic ahead has slowed or stopped.
  • Speeding: Speeding is another major cause of rear-end collisions in Tulsa, as driving at high speeds reduces the driver’s ability to stop quickly enough to avoid an accident. When drivers exceed speed limits, they have less control over their vehicles. 
  • Malfunctioning Brake Lights: Malfunctioning brake lights can lead to rear-end collisions because they fail to alert following drivers that the vehicle is slowing down or stopping. It is important for drivers to regularly check and maintain their vehicle’s brake lights. 

Recovering Compensation for a Rear-End Collision

Hurt in a rear-end collision in Tulsa? You need compensation to pay your bills and support your family. The at-fault driver can be held legally responsible for your damages—including any non-economic losses. However, the insurance company can make claims hard for injured victims. Our Tulsa, OK, rear-end accident lawyers are committed to fighting for the maximum compensation for our clients. Your settlement or verdict may include damages for: 

  • Vehicle repairs; 
  • Emergency room costs; 
  • Hospital bills; 
  • Other medical expenses; 
  • Loss of wages; 
  • Loss of earning power; 
  • Pain and suffering; 
  • Long-term disability; and
  • Wrongful death. 

Contact Our Tulsa Rear-End Collision Attorney Today


At McGuire Law Firm, our Tulsa rear-end collision lawyer is a skilled and experienced advocate for injured victims. Hurt in a rear-end accident? You need a top-tier advocate on your side. We are ready to fight for full and fair compensation. Contact us today for a no-cost, fully private consultation. Our firm handles rear-end collisions in Tulsa and throughout the wider region.