We were involved in an accident where the other driver hit us from behind, straight on. We were slowing to make a left turn. Who is at fault? car dam

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

We were involved in an accident where the other driver hit us from behind, straight on. We were slowing to make a left turn. Who is at fault? car dam

Asked on March 29, 2009 under Accident Law, Pennsylvania

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 14 years ago | Contributor

Normally the car that hits you from the rear would be  deemed at fault and thus liable as a driver is under a duty to drive at a sufficiently slow rate of speed and not follow so closely so as to enable him/her to control the car and be able to stop in time. That said, if your brake lights were not working, or you did not have your tail lights on at night, or suddenly stopped without warning, or were making an illegal turn, etc. you may share at least some of the fault.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 14 years ago | Contributor

Fault is a legal conclusion based on consideration of all the facts and circumstances.

In general a driver is expected to be abe to maintain control of his or her car and thus able to stop in time to avoid hitting the cars in front. If the drive does crash into a car in front, there is a presumption he or she was at fault vis a vis the car in front. The presumption is usually not absolute, and sometimes can be rebutted with evidence.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption