I was rear-ended and I got the blame.

UPDATED: Apr 5, 2009

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I was rear-ended and I got the blame.

I was rear-ended coming off an on-ramp.It was night time and they said my lights were not on but I know that they were at the time.I was slowing down to get into traffic so I was hitting my brakes so my brake lights were on to when I got rear-ended.Why am I getting the blame for the accident?I am a black male and she was a young white female.

Asked on April 5, 2009 under Accident Law, South Carolina


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

Black or white, yellow or red, the issue of fault is a question of fact.

If you did not have working tail lights, which are required by law, and as a result someone ran into you at night, your negligence (the failure to have those lights on) may have helped caused the accident.(Merely having brake lights is not the same thing.)

That might overcome the normal presumption that a person who runs into your rear is at fault as drivers are expected to see road hazards and be able to bring the car to a controlled stop.

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