Katie is driving home from school. She is tired but excited. This is the last week of her freshman year in college. It has been tough but she has managed to pull an A or B in each subject. Just a couple more final exams to go and she’s all set to enjoy her summer vacation.
She pulls onto the on-ramp to the freeway and notices her car is acting funny. Concerned, she checks her engine lights and sees the gas tank is below empty. Yikes! Katie hits herself in the head for her own stupidity and pulls her stalling vehicle over to the side of the freeway and hits her hazards.
She has just begun to dial AAA when she feels an incredible blow from behind and all goes black. When she awakens, she finds herself lying on a steering wheel covered with blood. She gingerly touches her nose and winces in pain; definitely broken.
Head throbbing, Katie tries to assess the scene around her. She turns to see a car smashed into the back of her car. The driver seems to be doing ok and is exiting the vehicle and approaching Katie. Not only approaching, Katie noted, but also yelling.
It is quickly apparent that the other driver blames Katie for this auto accident. Confused, Katie wonders how this could possibly be her fault.
Doesn'tthe responsibility of all rear-end vehicle accidents fall onto the shoulders of the person who hits from behind?
Rear-endcar accident collisionsare one of the most common type of auto accidents in the United States. Statistics show that out of all car accidents, 29% are rear-end collisions.
Initial response to a rear-end collision is that the person who rear-ended the car in front of them is at fault. This thought is held on the basis that if the driver in the back had allowed enough space in between their car and the car in front of them, they would have been able to stop in time, thereby avoiding the accident. There are, however, exceptions to this rule.Exceptions to the Rule
Although there is no presumption of liability in California in a rear-end collision, the car that rear ends the other car is usually initially blamed as stated above. An exception to this rule is if you can show that you had no control over the accident and were exercising the care a reasonable person would give in the same situation.
For example, you are driving in the carpool lane at a reasonable speed given the speed limit and conditions. Suddenly, a car veers out in front of you, giving you no time to stop, and you hit the car. If the other car makes it impossible for you to stop in time and you can prove this, you can win this lawsuit.
Rear end collisions are different than any other type in that they occur while the victim is driving forward or stopped such as at a traffic light or stop sign. Often, the victim has no choice but to witness the oncoming collision in their rearview mirror.
In the case of Mendoza v. Jet Apparel Group, Los Angeles County Superior Court, the victim was stopped at a red light and was rear-ended by a company van. He received lower back injury and damage to his jaw. His injuries eventually disallowed him from fulltime employment. He received a settlement of $300,000.
Because of the magnitude of pain these cases cause both financially and emotionally for everyone involved and the mass misconceptions about rear-end accident laws, a knowledgeable Sacramento rear-end accident attorney is imperative.
Moseley Collins is experienced in rear-end collision cases and has the knowledge to negotiate a successful settlement.
If you have been injured in a rear-end collision, please call Sacramento car accident lawyer, Moseley Collins. We provide a free consultation and there is never a fee unless we win.
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Sacramento, CA 95814
Phone: (916) 444-4444