Can you be prosecuted for rear ending another in car accident?

Each car has a duty of care to survail the road in front of them. No, if you couldn't avoid the accident due to a sudden emergency or someone cutting you off or stopping for no reason in front of you, or yes, if you were both At Fault for being on cell phones, eating, or talking to someone in the car and not paying any attention. Basically, the person who has the last clear chance to avoid the accident, but doesn't has to take the blame.