Posted by riversidecaraccidentlaw - March 30, 2017 2:31 pm
There are many ways in which drivers become involved in a car crash. One of the most common type of car accident is the rear-end collision. It is a widely held ‘fact’ that the rear-ender is always at fault for a crash, but that is a misconception. Many factors are taken into consideration when determining which driver is at fault for a collision. Drivers are expected to leave enough distance between vehicles to avoid a rear-end collision, but there are possibilities that drivers who are rear-ended are partially, or fully, responsible for the crash.
Some examples of the rear-endee being at least partially responsible for a crash could include a driver suddenly reversing, a driver stopping suddenly to make an illegal U-turn, unsafe lane changes, carpool violations, or even faulty brake lights.
California negligence laws follow the legal doctrine of “comparative negligence,” which means that the person at fault only needs to pay for the percentage of fault attributed to his/her actions. If the driver that gets rear-ended is found 30 percent at fault because of an unsafe lane change or due to speeding, that person will only receive an amount equivalent to 70 percent of the damages done. If the bills come up to $10,000, then that driver would only be able to collect $7,000 from the driver who was mostly at fault.
If you have rear-ended someone and believe the crash to be at least partly their fault, it’s important to seek out witnesses to the accident who can corroborate your story. Just as important, finding an experienced rear-end collision attorney to help you with your claim. For a free consultation and case evaluation, call The Law Offices of Arash Khorsandi today at 951-223-8532.