Setareh Law
February 9, 2022
If you’ve been in a California rear-end collision, you might be wondering who is held responsible after the accident. This can depend on a variety of factors. Determining who is at fault is important since it determines who pays for damages and faces legal issues. Here is what you need to know about determining who is at fault in a California rear-end collision.
What Is a Rear-End Collision?
A rear-end collision is when the front of a car hits the back of a car in front of it. This often happens when a driver tries to stop suddenly and the person behind them cannot brake in time. Rear-end collisions make up a large portion of the total accidents every year. Fortunately, modern vehicles are designed to withstand rear-end collisions and minimize injuries. Most rear-end collisions result in relatively minor injuries, such as mild whiplash, but it is possible to sustain serious injuries.
Who Is at Fault in a California Rear-End Collision?
There are a few elements to determine who is at fault in a California rear-end collision. The first is the issue of negligence. Negligence is an act or omission that falls below the legal duty of care, which causes harm or damage to another person. It could be something like speeding and not maintaining a constant speed, thus causing you to strike another vehicle.
The other element is the proximate cause. This means that the negligent act was the direct and immediate cause of the collision or accident that caused injury to someone else. If you were found to be negligent and your negligence was found to be the proximate cause of an accident, then you would be considered at fault for this type of car crash.
It can also depend on whether or not you have insurance coverage for this type of accident. If you do have insurance, then your insurance provider will typically pay for damages and injuries related to this type of collision after determining liability and calculating damages associated with their policy limits.
Can You Collect Damages from the Other Party?
If you were in a rear-end collision, the other driver could be held legally accountable for your damages. This is because the responsibility of the front vehicle is to ensure that they are driving at a safe speed and to ensure they give enough time and space to stop before they collide with a vehicle in front of them.
If you determine that the driver who rear-ended you was speeding or did not give enough time and distance to stop, this would be sufficient evidence for proving that party was negligent. You may then be able to collect damages from this party.
Contact an Auto Accident Lawyer in California
In a California rear-end collision, the driver who caused the collision is always at fault. In general, if someone rear-ends you, you can recover damages from that person. If you are the one who caused the collision, you may be able to recover damages from the other party depending on your insurance coverage. Contact Setareh Law at (310) 659-1826 or by filling out the contact form to schedule a free consultation. Our car accident attorneys are here to fight for your rights. We also speak Spanish.
