In a rear-end car collision is the rear-ender ALWAYS at fault ?

[Thomas Kimball]

>
>My question is this:
>
> If in a 2 car accident one car rear-ends the other one is tender
>automatically at fault (I was told this is the case in Cal.) ?
>

It is commonly held that each driver is responsible for the control of
his/her vehicle, especially to the point of not running into any objects
or other cars. It would take overwhelming evidence that the "hitee"
contributed to the accident (no, non-functional brake lights is not
sufficient, per se) to avoid being held liable.

>
>An interesting corollary to this question is:
>
>In a 3 car accident if the rear-most car hits the middle-car and the
>hit makes the middle car hit the front car is the rear car responsible
>for both hits ?
>

Ultimately, yes, although it will be held that the car in the middle
will need to convince the judge/jury that it was being hit that made
him/her strike the car in front.

From the perspective of the car in front, only the fact that the car
in the middle struck his rear-end is known. He, therefore, holds that
car responsible.

A friend of mine was the middle car in such a situation. He was totally
stopped at the time of the accident. The driver of the third car claimed
to the judge that my friend struck the first car prior his hitting my
friends car. The judge laughed at him and asked him if he makes a
regular point of running into cars that had been involved in accidents.

Result: Insurance company of 2nd car paid for first car; insurance
company of 3rd car paid for 2nd car; insurance company of 2nd car
collected (on paper) cost paid to first car from 3rd car insurer
(offsetting similar payments for other accidents). Driver of 2nd car
not found at fault.

Driver of second car should make sure that he/she is not cited at the
scene - it makes a big difference. If you are, contact both the
insurance company AND A LAWYER.

Tom
ac...@Cleveland.Freenet.edu

[Tim Oldham]

You are driving along a road quite happily when someone pulls out from a
junction into your lane. Traffic is coming the other way. You plough
into the back of the car that's just pulled out. You are not at fault.

A car reverses round a corner into your path. Traffic is coming the
other way. You plough into the back. You are not at fault.

Tim.
--
Tim Oldham, BT Applied Systems. t...@its.bt.co.uk or ...uunet!ukc!its!tjo
Well, you'd have a corporate siege mentality, too.