OVER 400 Legal Answers to Frequently Asked Questions to a Variety of California Injury Issues and Legal Problems Associated with California Accidents
What is my case worth? What should I do after a bicycle accident? My car's brakes didn't function properly, do I have a case? Should I sign the insurance company's proposal? Some of your questions may have been answered already on Mark Blane's website. However, San Diego county accidents happen all the time, and all sorts of different questions about different injury scenarios can be raised by a person who is injured. As a result, this personal injury website is dedicated to answering your frequently asked questions about a variety of injuries, your legal rights, and what procedures you should follow. Just browse our frequently asked questions (FAQ) section (below) and look them up. If you have other or more specific questions, just send an email (Contact Us) and you will receive a reply without delay!
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SAN DIEGO CALIFORNIA REAR-END COLLISION: If I get into a California rear-end collision with another vehicle, and the other vehicle is the one that rear-ended my car, is there anyway I could be found at fault?
Generally speaking, under California law, if someone hits you from behind, the accident is virtually always that driver's fault, regardless of the reason you stopped. A basic rule of the road requires that a driver be able to stop safely if a vehicle stops ahead of the driver. If the driver cannot stop, he is not driving as safely as the person in front of him. Usually unsafe speed is a factor as to why the rear-end collision occurred in the first place.
The other part of a California rear-end accident is that the vehicle damage proves how the accident happened. If the other car's front end and your car's rear end are both damaged, there can be no doubt that you were struck from the rear. Usually because the other driver was speeding or not paying attention, or both.
In some situations, both you and the car behind you will be hit when a third car runs into the car behind you and pushes it into the rear of your car. In that case, it is the driver of the third car who is at fault and against whose liability insurance you would file a claim. This is also known as an accordion type car crash. You will usually be asked how many impacts from behind you felt. Usually if you felt one impact, the assumption again is it was the third vehicle's fault.
SAN DIEGO CALIFORNIA REAR-END CAR COLLISION: Is a person who rear-ends someone in a rear-end car accident always at fault under California law?
Generally yes. However, there are some rare exceptions. If the person who was rear-ended suddenly and unreasonably applied their brakes (which means for no good reason), and there are witnesses to substantiate this happening, then the insurance company that represents the person who rear-ended the car in front of him or her will generally deny liability and blame the accident on the person who applied their brakes without any good reason. Remember, if traffic slows ahead of you and you have to suddenly apply your brakes, then that is with good reason. Anything less can be considered reckless driving. So in a nutshell, a person who rear-ends someone else is generally 99% at fault with some narrow, albeit, rare exceptions.