In a word: no. While the rear driver may be “usually” responsible for the collision, it cannot be said that they are “always” to blame. It depends entirely on the facts of the particular case. For example, If a driver abruptly swerves into another lane and slams on his brakes because traffic in his new lane is coming to a stop, the driver of the car behind him may not be negligent if they do not have time to react and avoid a collision. Under such circumstances, the driver of the front car may be liable for the collision and any injuries that arise as a result. Or it could be that both drivers will be found responsible to some extent.
All drivers on California roadways have a duty to operate their vehicles in a reasonably careful manner. If they fail to do so and cause harm to another person or another person’s property, they can be held liable for the payment of damages. In determining who is liable in a rear end collision, the issue is whether the driver of the front car violated any duty of care to the driver/passengers of the rear car, or vice-versa.
If you have been injured in an accident you may be entitled to substantial financial compensation. The car accident lawyers at Heiting & Irwin can represent you in the legal process and work for you to get all the compensation you deserve.
Insurance Adjuster and Law Enforcement Presumptions or Conclusions In A Rear-End Car Accident Case
Law enforcement officers on the scene of a rear end accident may jump to the conclusion that the rear driver is responsible for the collision. The conclusion is not determinative in a court of law.
Likewise, an insurance adjuster for the front car may also conclude that the rear car is responsible for the collision and any resulting damages. Again, this conclusion has no bearing on the legal determination of fault.
Admissible evidence showing negligence by one or both drivers is what will determine liability should the case go to trial. That evidence can only be obtained by you/and or a lawyer representing your interests.
If you are the rear driver in a collision and you believe that the other driver is at fault, you will need to gather and introduce admissible evidence showing the negligence of the driver of the front car. You will also be required to gather and introduce admissible evidence showing the nature and extent of your injuries and property damage. This can be a difficult task. If you have a mounted video camera showing the collision, this could help immensely. If you have the names and addresses of independent witnesses who saw the collision and support your version of events, this is also crucial. If you have the opportunity and can safely gather witness information at the scene of the collision, and can take photos/videos, do so. Do not rely solely on the investigating law enforcement officer to get this information for you.
As you may have concluded by now, while it is possible to prove liability on the front car in an automobile collision, it can be difficult. Unless you have significant injuries, it may be difficult to find an attorney willing to take on your case. However, injury attorneys at Heiting & Irwin are always ready to speak with you and tell your truthfully whether your case is one we can assist on, and the call is free.
Contact a Riverside Car Accident Law Firm Today
Take the time to speak with a car accident lawyer or staff advisor at Heiting & Irwin when the actions of another driver have injured you. We can stand up for your legal rights, pursuing the maximum amount of compensation that you deserve. You can schedule a free initial consultation by calling us today at 951-682-6400.