There are many different things we hear about driving that are taken as “fact.” One is that “pedestrians always have the right of way.” Another is that the rear driver is always at fault in a rear end collision. However, when it comes to the law, there is no such thing as “always.”
How to determine fault in a rear end collision
Logically, it makes the most sense a rear car would be at fault if they hit another vehicle from behind. Even if the car in front slams on their brakes, the driver behind has a responsibility to not follow too closely to allow enough time to react and space to stop .
Elements of a Negligence Claim for a Car Accident
Duty. Drivers on the road have a duty to those on the road to not only follow traffic laws, but to exercise reasonable care when operating a vehicle. This means following the speed limit, not following too closely, and taking into consideration the weather and road conditions. It is critical to remain alert while driving and not be distracted to avoid an accident.
Breach. When a driver fails to exercise this type of care on the road, they are considered to have “breached” that duty to other drivers. A breach of the duty can be breaking a traffic law or failing to exercise care when operating a vehicle. It doesn’t necessarily have to be a violation of a traffic law.
Causation. This means that the driver’s breach of the traffic laws or reasonable care caused the injuries to the other driver. There must be a connection between the accident and the injury. Many times, insurance companies will try to pin injuries on something else that happened in your life so they don’t have to cover medical bills or pain and suffering. This is why it’s critical to have authorities do a police report and seek medical care immediately. You always want to document the accident happened and that you were injured to maximize your car accident claim.
Damage. There must also be damage caused by the accident. Even if the person was negligent and hit you, if there was no damage then there will be no recovery. For example, if you are rear ended but you aren’t injured, you won’t be able to seek damages for medical bills or pain and suffering. The same is true if you’re injured but don’t seek medical care. If you don’t see a doctor, you won’t be able to ask for damages for your injury because you have no proof it was from the accident.
Sacramento Car Accidents and Comparative Negligence
California personal injury law follows a legal standard of pure comparative negligence to assess situations where both drivers may be at fault. Typically, this will require a judge or jury to assess the facts of the accident and attribute fault to each driver, if the situation calls for it. However, even before a lawsuit is filed, this is usually debated between your personal injury attorney and the insurance adjuster. Many times, rear end accidents are clear cut in liability.
There are times when the front driver may be found completely at fault or have some fault attributed to them. Some examples include:
• When the lead car has brake lights that aren’t working and doesn’t give the rear driver warning when stopping
• A driver comes to an unexpected stop in an active traffic lane for no reason
• A driver (usually one who has been drinking) puts the car in reverse and backs into another car at a stop light
If a driver is found to contribute to the cause of the accident, their claim will be reduced by the portion of their fault. For example, if someone was found to be 50% at fault, their damages would be reduced by 50%.
The facts and circumstances of every car crash are different. A seasoned personal injury lawyer will be able to help provide you with an evaluation of your case and your options. Many people don’t realize that by waiting to get a lawyer who handles car wrecks, that it can hurt their claim.
We offer free and friendly advice and aim to dispel the many different myths about personal injury lawyers.
Call us today to review your case. We will provide you with an honest assessment of your chances and help determine your options. We can be reached at (916) 619-5452 or fill out our form online on our website.
