Rear-End Collisions have become too common these days in the busy roads of Los Angeles, whether it is slow moving traffic or in a stop-and-go mode. Meanwhile in the area of auto accident law, the question ‘who the real offender is’ always do remain, even if you were rear-ended by somebody else on the road.
Here we may discuss some Californian laws regarding the same on the first note and make ourselves aware so that may end up try answering them. It is worthwhile to remember that the road rules are not going to codify any mistake. Unless the police officers are made to interfere, by determining the situations around the collision spots, any final decisions cannot be made. Further Traffic Incident Report is prepared by the responding officers. The real fault is probed wholly based on the violation of two major below mentioned laws:
Following Too Closely: CVC 21703
“The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicle and the traffic upon, and the condition of, the roadway.”
Basic Speed Law: CVC 22350
“No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed which endangers the safety of persons or property.”
The given two laws essentially indicate that the driver is the one who is aware and responsible for the whole situation and catastrophe that had happened. The drivers are supposed to direct their vehicles obeying the road rules peacefully. They are inevitably erring if they are found to be violating any of these two laws.
The concept of ‘Comparative Negligence’
Another side of the implementation of such rules is that these will not prove to be working in every scenario. As in the Californian laws, under the label of ‘Comparative Negligence’, the side of the fault is determined by a jury on cases individually. It will be checked if both the parties are responsible and on how much percentage they had made the fault. There are chances of diminishing your compensation by accusing the fault partially on you if at all a jury determines that you have actually rear-ended.