Some of the most common types of car crashes in San Diego are rear-end accidents and the injuries they produce can range in severity from minor to major. In nearly all of these situations, the insurance companies will assign fault to the person who hit the other driver because the second driver has the obligation to maintain a safe distance between car lengths.
That being said, there are some situations where the rear driver is only partially at fault and could have a claim against another driver on their own. Since California is a peer comparative negligence state, this means that the money you can recover from an accident is directly related to your percentage of fault. If you are hit by another driver, this driver will typically be 100% at fault.
If your brake lights weren’t working properly, however, your failure to keep your car properly maintained could make you partly responsible for the crash. Other examples of things that can put you at fault for a serious car accident include speeding, inattention or distracted driving and not wearing a seatbelt. In some situations, you might also rear-end another driver because you were rear-ended your own and in these situations you will likely be liable for the property damage and injuries associated with the driver you’ve hit, but you may also have a claim against the driver who hit you.
SENIOR PERSONAL INJURY ATTORNEY & FIRM FOUNDER
Michael Pines is a former insurance company attorney who graduated from the University of California Hastings College of the Law in 1987. While he was an insurance attorney, he learned from behind the scenes how insurance companies work and how they decide how much to pay injured people. Now that he works against insurance companies, Michael’s inside knowledge has resulted in significant benefits to his clients injured in car accidents. Learn more about Michael Pines