Is the person who hits from behind always at fault?

Generally speaking, under California law, if someone hits you from behind, the accident is practically always the driver's fault, regardless of the reason you stopped. If someone hits you from behind, it's practically never your fault, regardless of why you stopped. A basic rule of the road requires the driver to be able to stop his vehicle safely if traffic stops in front. A driver who cannot stop safely does not drive with the same safety as the person in front of him.

The rear driver in a rear-end collision is not always at fault for the accident. Liability in a rear-end collision is not automatic and sometimes the main driver or other vehicle is liable for the damages of injured drivers. If someone hits you in the back, you may suffer some injuries. You probably need to fix your car too.

Since the rear driver is almost always at fault, his claim must be paid. But if he refuses, call and talk to our office. Zeke saw the car in front of him stop and hit the brakes but the brakes didn't work and he hit Yolanda's car which then crashed into Xavier's car. When it comes to car accident claims and personal injury lawsuits, proving fault means proving negligence.

This includes “rear-end chain reaction collisions” in which the vehicle in the rear collides with a car that then crashes into the car in front, and so on. And for a step-by-step guide to the car accident claim process, see How to Win Your Personal Injury Claim, by Joseph Matthews (Nolo). Of course, the driver of the car that hit you can file a lawsuit against someone who caused it to stop suddenly, or against a third car that pushed his car into his own, but that doesn't change his liability for injuries and damage to his car.

Delores Buechele
Delores Buechele

Incurable bacon enthusiast. Evil food expert. Proud bacon guru. Avid internet aficionado. Award-winning twitter enthusiast.

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