Am I Automatically At Fault for a Rear-End Collision?

By Aline Miranda on October 22, 2015

Rear-end accidents are one of the most common types of car crashes, and can range in severity from minor fender-benders to major collisions. In nearly all cases, the insurance companies will assign fault to the rear driver, as they have an obligation to leave a safe distance in front of them. In some instances, however, the rear driver may be only partially at fault, or may have a claim against another driver themselves.

Comparative Negligence

California is a pure comparative negligence state, meaning the amount of money you can recover is directly proportional to your percentage of fault. If you’re struck by another driver, they will typically be 100% at fault. But what if your brake lights weren’t working properly? In this case, your failure to keep your car in safe road condition could make you at least partially responsible for the crash. Other examples of things which could put you at least partially at fault include:

• Not wearing a seatbelt – failure to use required safety equipment can absolutely contribute to injuries that might otherwise be less serious, or nonexistent.
• Inattention or distracted driving – if you aren’t paying attention to the road, you may need to slam on your brakes to avoid hazards ahead.
• Speeding – driving too fast in a residential neighborhood, for instance, can cause you to stop short if kids run across the street. You should drive at a safe speed that allows you to react to danger without applying full braking force.

Other Drivers

In some cases, you rear-end another driver on accident because you were rear-ended yourself. In these cases, you will most likely be liable for the injuries and property damage of the driver you hit. However, you may then have a claim against the driver that hit you. You’ll want to consult with an experienced San Diego car accident lawyer who can help you recover fair compensation.

Hurt In A Car Accident? Call 888-278-6688.

At Eugene Bruno & Associates, we are dedicated to the rights of injury victims. We believe that when you are injured due to someone else’s negligent driving, you should not be responsible for the high cost of medical bills and other expenses. When you retain our firm, you can count on tireless representation from a skilled San Diego car accident attorney.

Contact us today for your free case evaluation.