Who is at fault in a rear-end collision in Los Angeles, CA?

Get Legal Help Today

 Secured with SHA-256 Encryption

Who is at fault in a rear-end collision in Los Angeles, CA?

Who is at fault in a rear-end collision in Los Angeles, CA when one driver does not signal and unsafely changes lanes and gets rear-ended by another driver? What if the person who changed lanes unsafely does not have a drivers license?

Asked on May 13, 2009 under Accident Law, California

Answers:

N. K., Member, Iowa and Illinois Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Usually, the person who does the rear-ending is considered at fault. Of course, the party who is hit can also be at fault. It depends on the facts of each individual case.

In your situation, if the person unsafely changed lanes and you were unable to stop on time (you were not driving too close behind the car), then that person could be at fault.

Since you are asking about a car accident in Los Angeles, California, let's talk about California law. California uses "comparative negligence" in tort cases. This means that each party's percentage of fault is apportioned. In your case for example, one party may be 80% at fault and the other party 20% at fault. 

The fact that the other party doesn't have a driver's license may be relevant to show that he/she was driving recklessly.


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 with SHA-256 Encryption