3 ms·
> the fault of a single-lane rear end collision is always the fault of the following vehicle. Always. Courts have found that drivers that suddenly stop are som
by mlyle 4y ago
> the fault of a single-lane rear end collision is always the fault of the following vehicle. Always.
Courts have found that drivers that suddenly stop are sometimes liable instead of the car behind that was not able to stop.
In California, we have CVC 22109, which prohibits coming to an unnecessary stop.
Usually CVC 21703 -- which imposes a duty to not follow another driver when prudent, wins.
But 22109 came about, and courts often choose to weigh it heavily in fault determinations because of a couple primary circumstances:
* Cases where the leading driver deliberately instigated an accident because of road rage or to attempt insurance fraud.
* Cases where the leading driver's car had inoperable brake lights, which impaired reaction time in the trailing vehicle.
In these cases, the leading driver has been given the majority or even all of the fault of the accident.
You seem particularly passionate about this topic having popped up on multiple threads about it, and you're just not correct. The things you're saying about rear-end collisions are usually true, but not the type of things that are always-true absolutes.