Why Rear-End Collisions Are More Complicated Than They Seem in California
When drivers are involved in a rear-end accident, they often assume that their claim will be easy to resolve. Rear-end accidents are always the fault of the rear driver, right? In most cases, this is true—but it’s not always that simple. Determining who’s responsible for a collision involves a variety of factors, and at the end of it, your case may play out differently than you’d expected. This is why it’s important to work with a car accident lawyer with experience in complex Southern California cases.
At DeWitt Algorri & Algorri, LLP, we know that a car accident can put you out of work, leave you with serious injuries, and cause significant stress. Led by attorneys Mark S. and Ernest P. Algorri, our team of car accident attorneys knows how to fight for fair and full compensation for clients. Call us at 855-WINNING (946-6464) to schedule a consultation with our car accident law firm in California now.
Why Liability Isn’t Always Clear-Cut
Fault isn’t always quite as one-sided as we’re led to believe. It’s true that California law requires all drivers to maintain an appropriate following distance. This specific law is outlined in California Vehicle Code 21703, which specifies that drivers cannot follow another vehicle more closely than is reasonable, taking into account the other vehicle’s speed, traffic, and road conditions.
However, that isn’t the only factor that applies in rear-end accidents. Drivers in front can cause or contribute to accidents in a variety of ways. They may brake suddenly for no apparent reason, cut off a vehicle in such a way that the rear vehicle cannot stop in time, drive without working brake lights, or intentionally brake check another driver if they feel they’re too close.
As a comparative negligence state, people are responsible for the harm they cause to others due to their own negligence or lack of ordinary care. In comparative negligence states, people who contribute to an accident that causes them harm can still receive some compensation. Their compensation is simply reduced proportionate to the share of liability attributed to them. For example, if a front driver is found to be 30% responsible for an accident in which they are injured, their jury award is decreased by 30%.
Chain Reaction Accidents
Liability becomes more complex when we look at chain reaction accidents. In these accidents, you have multiple injured parties, each with their own car accident lawyer advocating for them. Fault is likely to be split among multiple parties, which means that there will be disputes about how much liability each party should have. There may also be insurance coverage limits that restrict how much compensation is actually available. Limited insurance coverage is always an issue, but it is worse when you have multiple people fighting for the same limited pool of funds.
Proving Fault and Damages
Being able to prove liability and your damages is critical if you want to recover what you are owed after a rear-end accident in California. Your Pasadena car accident attorney can investigate the crash, explore the evidence available, and use that evidence to build a case that proves your losses.
There’s a lot you can do at the crash scene to strengthen your case and ensure that your lawyer has the evidence they need. Get as many photos of the scene as you can, ensuring that photos are from different angles and distances. At least some should include the vehicles’ license plates, road signs, and landmarks that prove where the accident occurred and what the general road conditions were at the time of the collision. Video footage can also be useful, as it is more difficult to manipulate and can carry more weight with insurance companies.
You should also get checked out by a doctor as quickly as possible after a crash. You may feel fine, but that doesn’t necessarily mean you’re not injured. It’s normal for injuries to slowly make themselves known as the adrenaline from a crash wears off, and by getting checked out right away, you give yourself a chance to start necessary treatments immediately. Prompt treatment also ties your injuries to the accident you were in, making it harder for the insurance company to dispute liability.
Start Your Case With Our Car Accident Law Firm in California
The team at DeWitt Algorri & Algorri, LLP is here to help you demand the compensation you are entitled to. Get started now by discussing your case with one of our experienced lawyers. Call us at 855-WINNING (946-6464) or reach out online to schedule a consultation.
Mark Algorri has successfully represented individuals and their families in matters involving serious and catastrophic injuries, insurance claims denials, and wrongful deaths, achieving a success rate of 99 percent for our clients.
