It is normal for drivers to blame each other when a collision occurs. Rear-end crashes are no different, and however obvious it is that the driver who rear-ended you is to blame, do not expect them to admit it.
First off, admitting blame would be daft, as it could harm their chances of compensation. Second, they may genuinely think that you were to blame.
People do not always think logically in the heat of a moment after a crash. The other driver may accuse you of all sorts of things. For example, “You didn’t leave me any time to stop,” or “You should have started braking earlier.”
Drivers must leave a safe following distance
Most times, a court would find against the driver who hit you from the rear. Why? Because they broke California code that says drivers “shall not follow another vehicle more closely than is reasonable and prudent.”
If they crashed into you, that is almost proof enough that they were too close. There is no set distance that the law considers acceptable. It varies depending on speed, conditions and traffic.
When could a rear-end collision be the front car’s fault?
The driver who hit you could argue it was not their fault if they can find you did something wrong. For example:
- Your brake lights were not working, so they could not see you were slowing.
- You slammed on your brakes at the last minute to avoid someone or something you had not noticed because you were drunk, drugged or distracted.
Drivers and their insurers will attempt all sorts of maneuvers to try and put the blame for a rear-end crash on you. Get help to defend your rights to full compensation.