Can You Be Found At-Fault if Your Vehicle Was Hit from Behind?
You may have heard that if you the front car in a rear-end car accident, the other driver is always at fault. While it is true that by the very nature of these types of accidents the other party is often at fault, there are a few exceptions. While it is unlikely you will be found entirely responsible for the accident, you may be found partially at fault. Keep reading to learn more and then contact Law Offices of Fernando D. Vargas at 877-982-0707 for your free legal consultation.
Situations in Which You Could Be Found Partially at Fault
If your brake light or taillights were not working correctly when the accident occurred then the car behind you would not have had the notice needed that you were stopping. This could result in you being found partially at fault – especially if the accident happened at night.
If your vehicle breaks down and you do not take appropriate steps to safely drive it off the road or make it clear that your car is broken down, and a car hits you from behind, then you could be found partially at fault. If you can get your car off the road, do so. If you cannot, then make sure your emergency flashers are on to indicate to others on the road that there is an issue.
If you made an unsafe lane change in front of a vehicle and that vehicle hits you, then you could be found entirely at fault. This is why you should always use your turn signal, do not attempt to lane change into a small space, and check your blind spot to assure no one is in the lane you are turning into.
Finally, if you make a sudden stop and the car behind you hits you, or if you have your turn signal on and begin to turn but do not complete the turn, and you are hit by a car behind, you could be found partially at fault. Always know where cars are around you and do not slam on your brakes for any reason unless it is absolutely necessary.
What Happens When You Are Found Partially at Fault?
The good news is that if you are found partially at fault this does not mean that you are not able to recover damages for your injuries. In California, a comparative negligence system is used, which means that you can still recover damages but they will be reduced by your percentage of fault. For example, if you are found to be 25% at fault then you would be able to recover 75% of your damages.
If you have been involved in a vehicle accident and have been injured then it is worth it to contact Law Offices of Fernando D. Vargas at 877-982-0707 for a free legal consultation. Even if you were partially at fault, we may be able to recover compensation for your damages.