While the rear driver is often liable for an accident, it is a myth that they always are. The front driver can be found liable when pulling out of a driveway or parking lot, when turning, or when changing lanes.
Generally, the lead driver must be found to have been negligent or reckless. This could happen if he:
- Reversed into the rear car,
- Was drunk driving,
- Was intentionally trying to get hit,
- Was driving with broken brake lights,
- Was distracted driving (e.g. texting while driving).
The best way to prove liability of a front driver is often video of the accident. This could be gained from a dash cam or a local business with external cameras.