Can I be Found Liable if My Car is Rear-Ended in a Crash?
Rear-ended accidents are the most common vehicle incidents that occur in California and often occur because of distracted or reckless driving. A rear-ended car crash occurs when a vehicle is struck from the back by another vehicle, this accident usually finds the car that did the rear-ending to be liable because traffic laws require divers to maintain a safe distance between them and the vehicle in front of them in case of sudden stops or deceleration. A car space is typically the recommended and safe distance to maintain between two cars.
In some scenarios a driver that rear-ended another vehicle may not be found liable if for example;
- A driver reverses into the car behind it without correctly assessing the available space between the two vehicles
- A vehicle’s brake lights are inoperative causing a driver unable to asses that the vehicle was stopping or slowing
- Road conditions may have caused the accident if the vehicle drives over a pothole or slips on ice, causing the driver to lose control over the vehicle
- Both drivers were at fault due to negligence
- Or if any other traffic laws are found to have been broken.
Additionally, California has a comparative negligence system in place allowing a victim to sue and be compensated for a proportion of damages depending on the percentage of fault each party by comparing each party’s negligence and awarding damages contingent with the percentage of fault of the parties involved. For example, Leah is read-ended in an accident and damages are $8,000 and she is found to be 30% liable, she is still able to claim damages for the remaining 70% or $5,600.
Since California is an at-fault state in regards to car accidents, a driver’s insurance will only pay for the accident if it can be proved that the driver is accountable for causing the accident. Which is why the best course of action when involved in a vehicular accident is to first, assess whether anybody was harmed, if either party finds a need for police presence -whether it is to write a report or to steer traffic clear of accident; exchange information -insurance, names, phone numbers; collect pictures of the incident -before moving the vehicles if possible; assess your surroundings in search of possible witnesses; and lastly, do not acknowledge responsibility for the incident.
Questions to ask yourself when determining fault:
- Were traffic violations committed?
- Were there negligent drivers?
- Were there comments made by the drivers after the accident?
- Were there any witnesses?
You can ask all your questions regarding a car accident from our Personal Injury Attorney at Salek Law Firm.
