I was struck from behind – Is the party that hit me at fault?

The answer is usually yes. That is because in California it is unlawful to drive at a speed unsafe for conditions (VC 22350). If you are going too fast to stop in time for traffic ahead, then your speed is unsafe “for conditions”. Drivers often make this mistake in fog or rain.

However, there can be times when a party struck from behind is at fault, or at least partially at fault. California uses a comparative negligence scheme. So drivers can share fault and damages may be awarded for the percentages of their fault.

How might a party struck from behind be at fault or partially at fault? One classic example is cutting in front of traffic and abruptly hitting the brakes. Another is not having functioning brake lights or giving signal.

You shouldn’t jump to conclusions on fault in accidents. Even the police who investigate can get it wrong. Contact an accident attorney like those at Decker & Buchanan to get an opinion by litigators who have years of experience in this field.

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