Will the second driver always be found at fault?

Many people hold the misconception that the second driver (i.e., the one who hit you from behind) is always at fault in a rear-end collision. Of course, if you were hit from behind, there is a good chance that the driver at the rear of you was following too closely, speeding, or driving while distracted. However, poor road conditions or severe weather can also contribute to a rear-end collision. Although rare, manufacturer defects are a known cause, too. You could also be considered partially liable if you pulled out in front of the “second driver” or if your brake lights were not functional.