The state of California uses the comparative negligence system. This means that an injured victim may claim a percentage of damages based on what their exact involvement was in the crash, and a driver can be partially at fault for an accident. For example, if you rear-ended a car, but the other driver suddenly swerved into your lane in front of you or was drunk, you could still file an injury claim. But who’s at fault in a rear-end collision?
The Rear Driver May Be At Fault
Most rear-end collisions are caused by tailgating. The rear driver should be following at a safe enough distance to stop in time.
The Front Driver May Be At Fault
Many times, a rear-end collision happens because the front driver suddenly brakes. At high speeds, sudden braking can be negligent behavior. Burned-out brake lights will also fail to indicate to the rear driver that the front driver is slowing down or stopping. In these situations, the front driver can be held liable.
A Road Hazard May Have Caused The Accident
If a rear driver suddenly hits cracked asphalt or a pothole, they can quickly lose control and collide with the car in front of them. In this situation, the party responsible for the maintenance of the road should be held liable for the accident.
A Defective Vehicle May Have Caused The Accident
Rear-end collisions are sometimes caused by a blown-out tire or failed brakes. If the tire or brakes were defective, the manufacturer of the vehicle should be held responsible for negligently producing a potentially dangerous product.
If you or a loved one have been involved in an accident, contact Jacoby & Meyers at (888) 522-6291. Remember, it’s crucial that you act quickly. Report any claims for accidents immediately, as limitations may lower or extinguish your claim.