Generally, yes. However, there are some rare exceptions. If the person who was rear-ended suddenly and unreasonably applied their brakes (meaning there was no valid reason to do so), and there are witnesses to support this, the insurance company representing the driver who rear-ended the other vehicle may deny liability and argue that the lead driver caused the accident. If traffic slows ahead and you must brake suddenly, that is considered a valid reason. Braking without justification, however, may be viewed as reckless driving. In most cases, the driver who rear-ends another vehicle is approximately 99% at fault, with only a few narrow exceptions. If you have questions about liability after a rear-end collision, an experienced San Diego car accident lawyer can review the facts of your case and explain your legal options.