Who is at fault in a rear-end collision in Portugal?

Question from Mafalda, Who is at fault in a rear-end collision in Portugal?

Answer from AI:

In Portugal, traffic accidents are governed by the Código da Estrada (Highway Code). Determining fault in a rear-end collision can be complex and depends on the specific circumstances of the accident. Here are some general guidelines to help understand the situation:

General Rules of Fault in Rear-End Collisions

In most cases, the driver who rear-ends another vehicle is considered at fault. This is because drivers are expected to maintain a safe distance from the vehicle in front of them to avoid collisions. However, there are exceptions to this rule.

Key Factors to Consider

• Safe Distance: According to Article 18 of the Código da Estrada, drivers must maintain a safe distance from the vehicle in front to avoid collisions. If the driver behind did not maintain this distance, they are typically at fault.
• Sudden Stops: If the vehicle in front made a sudden and unexpected stop without a valid reason, the driver in front may share some responsibility.
• Mechanical Failures: If your vehicle had a mechanical failure that caused it to roll back, this could be a mitigating factor. However, you are generally expected to ensure your vehicle is in good working order.

Steps to Take After an Accident

1. Document the Scene: Take photos of the accident scene, including the positions of the vehicles, any skid marks, and damage to both vehicles.
2. Exchange Information: Exchange contact and insurance information with the other driver.
3. Report the Accident: In Portugal, you must report the accident to the police if there are injuries or significant damage. You can also report it to your insurance company.
4. Seek Legal Advice: If there is a dispute about fault, it may be beneficial to consult with a legal professional who can provide personalized advice based on the specifics of your case.

When to Consult a Legal Professional

If there is any dispute about who is at fault, or if you are unsure about your legal obligations, it is advisable to consult with a legal professional. They can provide guidance based on the specifics of your case and help you navigate the legal process.

Additional Resources

For more information, you can refer to the following resources:

• Código da Estrada
• Autoridade Nacional de Segurança Rodoviária

Remember, this information is intended to provide a general understanding of the issue. For personalized legal advice, always consult with a qualified legal professional.