Rear-end car accidents are one of the most common types of accidents. The good news is that they are less likely to involve fatalities or catastrophic injuries compared to other types of accidents. However, there are many myths and a lot of misinformation about this type of accident. For example, you might have heard that if a person rear-ends you, it is always their fault. Find out if this is true and get other facts by reading on, then contact Law Offices of Fernando D. Vargas at 909-982-0707 for a free legal consultation.
Yes, There is a Presumption of Fault – but it is Not That Simple
It is true that in the state of California, if a car hits another car from behind, there is a presumption that the vehicle in the rear is at fault. However, this is what is known as a rebuttable presumption. This means that while the rear driver is generally at fault, they are not at fault 100% of the time. These can be complicated cases that should involve working with a personal injury attorney.
There Are Various Laws That Might Apply in Rear-End Collisions
The key to determining fault is to determine who was negligent. Negligence is failing to act with reasonable care that is required. Examples of laws that a person can break and therefore be found negligent include speed laws, laws against following too closely, not maintaining working brakes, changing lanes quickly or unsafely, failing to maintain working brake lights, or stopping suddenly without reasonable cause.
As you can see, most of these involve the driver behind acting negligently. However, the law is also clear that the driver cannot stop abruptly without reasonable cause. Note that in many cases, even if the driver did not have a reason to brake, the rear driver will still be found negligent because they should have left enough room between them and the car in front of them to stop safely.
Determining Fault in Rear-End Accidents
As is true of most car accidents, it is common for people involved in rear-end crashes to both claim that the other driver was at fault. This is why objective, third-party witnesses can be helpful. If they are not available then your attorney can work with an accident reconstruction expert to use the damage and physical signs at the site of the accident to make a determination about who was at fault.
If you are not sure who was at fault, or cannot easily prove that the other party was at fault, then it might be worth talking to a personal injury attorney to find out what your options are. You can call Law Offices of Fernando D. Vargas at 909-982-0707 now to request a free legal consultation. We are standing by to help you.
