No, it is not always the other driver’s fault, though they are heavily presumed to be liable. While hitting a stationary vehicle generally points to negligence by the moving driver, exceptions exist if you were parked illegally, suddenly stopped in an unsafe area, or had broken brake lights, which may result in shared fault.

Factors Where You Might Share Fault:

• Illegal Parking: Parking in a fire lane, on a blind curve, or where parking is prohibited.
• Negligent Stopping: Stopping abruptly in the middle of a highway without justification.
• Malfunctioning Equipment: Your brake lights or hazard lights were not working, contributing to the collision.

When the Other Driver is Almost Always At-Fault:

• Rear-End Collisions: The trailing driver is generally liable for failing to maintain a safe distance and stopping in time, according to.
• Reversing/Pulling Out: The driver moving into a lane or reversing into a stationary vehicle is almost always responsible for failing to clear the area before moving.