Is the rear driver always at fault?
No. The presumption favors the lead driver, but it's rebuttable, and there are recurring fact patterns where the rear driver isn't primarily at fault.
Chain reactions. Where you were struck from behind and pushed into the vehicle ahead, the driver behind you is generally responsible for both impacts. Establishing the sequence matters, and physical damage patterns usually show it.
Sudden lane changes. A vehicle that cuts in and brakes leaves no reasonable stopping distance.
Unexplained stops. A lead driver who stops abruptly in a travel lane for no apparent reason.
Non-functioning brake lights. Contributory, and verifiable after the fact.
Mechanical failure. A genuine and unforeseeable brake failure.
What to preserve. Photographs of all vehicle damage, the position of the cars, and any witness who saw the sequence. In a chain reaction, the damage pattern on the front and rear of each vehicle frequently establishes the order.
Photograph every vehicle involved, front and back. The sequence is usually visible in the damage. ---
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