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Rear End Collision “Who’s at fault?” – California Vehicle Code

Posted by Raoul Severo | Sep 27, 2020 | 0 Comments

As more people are able to afford access to vehicles, vehicular accidents have become a more common occurrence. These incidents can lead to annoying, if not destructive, results. That is why stricter vehicle laws are being implemented; to prevent any horrifying consequences possible. There are many ways vehicle-related ruckus can occur regularly; one of the most common among those is a rear-end collision. Rear-end collisions happen when one vehicle crashes into another, specifically one right in front of it. There are many reasons why these happen; some are inattentive or distracted driving, driving too close to other vehicles, inexperienced drivers, weather conditions, faulty vehicles, etc.

Fault

Faults in vehicular incidents are determined by knowing who committed the act of negligence. The liability for rear-end collisions is not automatically pointed at the rear vehicle. In some cases, it is the lead or another vehicle's fault (multiple collisions). Although most of the time, if not always, rear-end collisions are caused by rear vehicles due to reckless behaviors. Some of the reasons behind rear-end collisions caused by the rear car include but are not limited to road rage, drunk driving, distracted driving (e.g., texting while driving, etc.), over speeding, tailgating, and many more. However, there are times when the driver of the leading vehicle is at fault. This is when he/she is driving negligently. Examples for this manner of driving include pulling up, improper turns (e.g., reverse and lane change), untended vehicular problems (e.g., broken tail lights or vehicle breaking down), deliberate intention to get hit, or under speeding.

Accidents are not just a bothersome predicament because of all the time-consuming affairs, but also due to its dangerous nature. These incidents are among the most common reasons behind severe physical injuries (e.g., minor to severe cuts, bruises, fractures, bone dislocation, body dismemberment, spinal damage, etc.) and emotional traumas – it can even lead to paralysis and death.

Consequences

That is why It is vital to clearly figure out who's fault the accident is because by doing so determines who would be liable for the damages and facing charges due to the incident. The one responsible should face the consequences of his/her actions. These consequences include but are not limited to:

  • If the accident only involves damages to the vehicle and some minor if no physical injuries at all, the responsible individual would have to face the following consequences as obliged by the law:
  • Shoulder the expenses to repair the damages to the car caused by the incident,
  • Shoulder the medical bills and prescriptions given to the victim.
  •  However, if the accident caused severe physical injuries or even death, aside from possible criminal charges, the offender is also obligated to:
  • Shoulder the medical bills of all the victims involved in the accident (this includes the emergency treatment charges, therapies, prescription medicines, medical supplies, etc.),
  • If the victim is a working individual, the one responsible should also compensate for lost wages and/or earning capacity,
  • If the victim died due to the accident, the liable individual would also face charges under wrongful death and pay for loss consortium/s, and
  • Pay a rightful but reasonable charge to compensate for causing pain and suffering to the people that the deceased have left behind.

Ways to Avoid Rear-End Collisions

The following are tips to avoid vehicular crashes

  1. Always keep the vehicle in optimal condition
  2. Always use signals when turning or changing lanes
  3. Always focus on the road
  4. Avoid driving in unsafe conditions (dangerous weather, broken-down roads, etc.)
  5. Never drive under the influence

Legal Support

The aftermaths that follow Rear-end Collisions are a hassle to everyone – the one at fault and especially the aggrieved. That is why it would be the best option for all of the parties involved to seek professional legal assistance from a competent defense attorney. They would be the best people to handle such disputes. A good lawyer must ensure a fair and just compensation between the person liable and the victim. For the victim, the lawyer must be able to assist the party by making sure him/her or his/her family gets all the rightful compensation under the rule of law. For the person with liability, the lawyer can make sure the charges and compensations must be reasonable and just under the rule of law.

Other Related Laws

  • California Vehicle Code 21703 – Tailgating
  • California Vehicle Code 21801 – Improper turns
  • California Vehicle Code 22350 – California speed limit 
  • California Vehicle Code 23123 – Distracted Driving
  • California Vehicle Code 23153 – Driving Under the Influence

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