Proving fault in any car accident can be difficult, because there are so many factors to consider, and it can only be assessed after the incident has taken place. Therefore. the only evidence that has been preserved can be depended upon.
When it comes to a situation in which a driver has rear-ended another driver, and has created a collision and damage to vehicles, it is almost always the driver that hits the car from behind that is liable. However, depending on the specifics of the circumstance, this is not always the case.
When is it the fault of the car in front?
There are many circumstances in which the driver of a stationary or moving car could be considered liable for being hit from behind. For example, if the driver went from a high speed to braking very suddenly, there would have been little that the driver from behind could have done to prevent a collision. Similarly, if the brake lights or turn signals were faulty, there could also be a sudden change of speed that would not have been apparent for the car behind.
The car in front could be said to be liable if it can be shown that their carelessness or negligence was one of the main causes of the collision.
Insurance companies may be quick to dismiss rear-end collisions as the fault of the driver behind. But if you believe strongly that the collision was not your fault, it is important that you understand how the law works and that you fight for your rights.
Source: DMV, “Proving fault in a car accident,” accessed Feb. 09, 2018