There are many ways in which a serious car accident can unfold, but one of the most frequent of these is the rear-end collision. While it seems intuitive to most observers that the driver who collided with the rear of a vehicle just ahead would be at fault in such a scenario, this does not always prove true. As any reputable personal accident attorney will attest, there are in fact a series of circumstances which can serve to shift blame and liability to another party.
All top car accident lawyers in California understand that responsibility in the context of a vehicle crash will be analyzed based on the concept of negligence. If a driver’s conduct behind the wheel drops below the reasonable standard of care, he or she can be found liable for losses that result. In order to demonstrate negligence in a car accident case, it is necessary to show that a duty existed and that it was subsequently breached.
Simply put, all motorists owe a generalized duty of care to all others. The ways in which it can be breached are numerous. Not paying proper attention, failing to keep control of the car and failing to maintain a safe distance between cars are some common examples of negligence on the roads.
It is true that drivers who rear-end a car ahead of theirs will frequently be held partially negligent. This is the case because all drivers are charged with a duty to maintain a safe distance between others to prevent hitting cars that stop in a sudden or unexpected manner.
None of the aforementioned facts should be construed to suggest, however, that the leading vehicle is never also partially to blame. It is possible for such a motorist to reverse unexpectedly, stop suddenly to turn without actually executing the maneuver or to operate a vehicle with non-functioning brake lights. In such situations, the driver of the rear-ended car can be found negligent, and his or her part of the blame will be taken into consideration when it comes time to determine liability for damages.
In California, principles of comparative negligence work to reduce a plaintiff’s monetary recovery in a car accident case by an amount equal to his or her share of fault. Call now for the best auto accident lawyer as soon as possible following a rear-end car crash. It is the most effective way to fight for maximum available compensation.
Contact us any time for a free, no-obligation consultation at (888) 888-9285 and talk with one of our personal injury lawyers.