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Can You be Liable If You Are Rear-Ended?

Posted on in Personal Injury

California accident attorney, California injury lawyerMany people assume that a rear-end collision is an open and shut case. It is common knowledge that the car that hits the other car from behind is usually responsible for the accident.

In many situations, this may be true. However, there are always exceptions to the rule. Exceptions can be difficult to prove, so if you believe that you may not be at fault in a rear-end accident, you should speak to a lawyer who has a better understanding of traffic laws and determining fault.

Fault in a Typical Rear-End Accident

In every car accident case, the driver responsible for the accident must be found negligent in his or her driving. Negligence means that the driver acted unreasonably to someone he or she had a duty to.

The second car will usually be found to be negligent for failing to pay attention or failing to control speed.

Instances Where the Second Car May Not Be At-Fault

There are several factual scenarios where the second car in a rear-end collision may not be at fault. One example is if the first car did not have properly working brake lights.

Another example may be where the road had a defect or signage was missing, which led to the car accident. Finally, the second car may not be to blame if the car had a defect that caused the accident.

Determining fault varies from case to case based on a number of circumstances. It is best to speak to an attorney about the specifics of your case.

California Recognizes Comparative Negligence

Comparative negligence is a legal term that means that two or more parties can be at fault. In the case of car accidents, a court may determine that both drivers contributed to the accident.

In this situation, both drivers will be assigned a percentage of fault, and the recovery will be reduced by that percentage.

It is important to note that any driver can be accused of contributing to the accident, even if the driver is the one who brought the lawsuit or was the front car driver in a rear-end collision. It is important to have legal counsel to defend against such allegations.

Contact a San Jose, CA Car Crash Attorney

Whether you believe you were not at fault or if the other driver is trying to shift the blame on you, a lawyer can help. In many accidents, a lawyer will be able to ascertain fault. In extraordinary cases, a lawyer will be able to contact an expert to determine fault. The qualified San Jose car collision lawyers at the Jachimowicz Law Group can be reached at 408-246-5500.

 

Sources:

http://www.west.net/~smith/1714.htm

 

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