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Determining Fault In Case Of Rear-End Car Accident In San Diego

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Some of the most common kinds of road accidents in California are rear-end collisions. They are known to bring catastrophic results and fatalities to the involved parties. Usually, the police faults rearward drivers as the faulty party in such cases, but this may not always be true. To be absolutely sure of where you stand, ensure you search for the best car crash lawyer near me.

When Negligence is the Chief Reason

In a rear-end collision, one of the two driving parties is at fault, chiefly due to his negligence.

When is the Rear Driver at Fault?

It is largely assumed that the rear driver causes a rear-end accident on the road; however this needn’t be true always. For instance, if he maintains a safe distance and watches the road, he needn’t cause an accident. Only when he breaks these rules or is drunk, rash, or distracted can he cause accidents. Negligent drivers when caught in a rear-end collision should seek the services of a motorcycle crash lawyer near me who can defend them in court.

Another cause for a rear-end road collision is having bad brakes. This can prevent the driver from braking when needed to avoid a car crash. If the car owner has his or her car serviced regularly, such problems can be taken care of and car accidents can be minimized. Still if you get involved in a rear-end car crash when riding your bike, make sure you find the best 18-wheels crash lawyer near me to defend you in court.

When is the Lead Driver at Fault?

When an auto insurance claim is being made for a rear-end car crash, the insurer won’t wrongly assume that the rear driver was at fault. Instead, the fault will be determined by a claims adjuster who will scrutinize the accident. If the lead driver is found to be entirely or partially at fault for the crash, the insurance company will reject the policyholder’s fault. However, the lead driver could be found to be guilty of rear-end car crash in different ways, such as:

  • Hazardous Lane Change

When a driver changes lanes on a multi-lane highway that can lead to clipped cars, sideswipes, and rear-end collisions, it is termed as a hazardous or unsafe lane change. This isn’t restricted to cars but also includes motorcyclists.

  • Brake-checking

In this form of road rage, the lead driver is only partially liable for a rear-end car crash. True, the rear driver must maintain ample distance between his car and the one in front of him, yet by suddenly hitting the brakes purposefully so that the rear driver crashes only makes him liable for the car collision.

  • Brake Lights or Taillights That Don’t Work

If the taillights or brake lights of the lead driver’s car do not work, the rear driver will lack the necessary warning that the lead driver is soon going to halt. This could cause a collision between the two cars.

Conclusion

Nakase Law Firm’s aim of bringing this information to you is to make you aware of your rights and duties as a driver or rider on the roads.