According to the National Highway Safety Administration (NHTSA), rear-end collisions account for 28% of all automobile accidents, making them one of the most frequent types of automobile accidents in the United States. However, the most complicated aspect to determine regarding rear-end coalition is who is to be held liable for the damages or injuries.
California law dictates that if your vehicle is struck from behind, the person responsible is the one who struck you. However, this is what lawyers refer to as “rebuttable presumption.” This means that it is not 100 percent concrete that it is always the fault of the driver behind you. For example, when the driver in front jams on the brakes for no reason at all and the driver behind does not have enough time or space to avoid the collision, it could be determined that the driver in front is at fault for the collision.
In order to determine fully who is at fault, there should be a determination of negligence. According to the law, negligence is the breach of a code or statute, this includes:
- Lane changing in a negligent manner
- Suddenly stopping without a reasonable cause
- Lack of working brake lights
- Following too closely
- Basic violation of the speed limit
It is clear that in most cases, the rear driver will be declared as at fault, however, as we mentioned before, there are some cases when the driver in front is to blame.
In order to determine who is at fault, lawyers use testimonies of a credible source, or a third party witness. If no witness is available, accident reconstruction experts can become involved.
If you have been in a rear-end crash and need legal counsel, contact Maidenberg Law Group today for your free consultation.