A Guide to Determine Fault after a Car Accident

Accidents are not limited to collisions between two or more passenger cars. They also encompass truck accidents, motorcycle accidents, bicycle accidents, pedestrian accidents, and bus accidents. This article will focus on accidents involving two or more passenger cars and discuss faults.

Rear-end Collisions Involving Two Passenger Cars

Rear-end collisions happen when a driver is going too fast for the conditions, following the car in front too closely, or both, and as a result, cannot stop in time when the car in front stops.

In rear-end collisions, i.e. accidents where a car crashes into the back of another car, the presumption is that the driver who caused the rear-end collision is at fault and responsible for the accident.

Some drivers try to avoid responsibility by claiming that the car in front stopped suddenly or switched lanes and then stopped. These arguments usually fail and are not effective because, as a driver, one must drive at a reasonable speed based on weather conditions and conditions of traffic or the road. Furthermore, a driver must leave enough space between his/her vehicle and the vehicle in front to be able to stop in time if the other vehicle makes a sudden stop.

Rear-end Collisions Involving Three or More Passenger Cars

Sometimes, an accident involves multiple cars, as seen in this illustration. This type of accident generally occurs on the freeway and is called a “chain-reaction”. This type of accident occurs in one of two ways:

  1. One car starts the chain reaction by rear-ending another car, and the impact pushes the second car to rear-end the third car. In the above illustration, that would be the yellow car rear-ending the grey car and pushing the grey car into the red car. 

In this type of accident, the car that initiated the first contact is typically at fault. So, the driver of the yellow car is at fault and responsible for injuries suffered by the driver in the second (grey car) and the third car (red car).

  1. Sometimes, the middle car (grey in the illustration) will first rear-end the car in front (the red car). After this initial impact, the middle car (grey car) is then rear-ended by a third car (yellow car), and the impact pushes the middle car into the front car (red car) a second time. 

Here, both the middle car (grey car) and the third car (yellow car) are at fault for any injuries suffered by the driver of the front car (red car), but to varying degrees. The third car (yellow car) is also responsible for any injuries suffered by the driver of the middle car (grey car).

T-Bone Accidents

This type of accident generally occurs at intersections or when a driver comes out of an alley or a parking lot. It is called a T-bone because one car crashed into the middle of another car.

Intersection With Traffic Signals

If both cars are traveling straight and one ends up T-boning another vehicle at the intersection, it is generally because one driver runs a red light. Here, the party who ran the red light will be at fault. However, determining which driver ran the red light can sometimes be difficult. It is generally derived in one of three ways:

  1. The at-fault driver takes responsibility and admits to running the red light;
  2. Independent witness(es) step(s) forward to say who they witnessed running the red light; and/or
  3. A dash camera in one of the vehicles caught the accident, and the footage can show the color of the traffic signal.

Intersection With Stop Signs

A T-bone at an intersection with a stop sign generally occurs because one driver runs through the stop sign as the other driver enters the intersection. 

If the intersection only has a stop sign for one direction, ie, it is NOT a four-way stop sign, then the driver with the stop sign would be at fault for either failing to stop at the stop sign or entering the intersection when it was not safe to do so.

However, if the intersection has a four-way stop sign, proving fault may be difficult, unless one of the following occurs:

  1. The at-fault driver takes responsibility and admits to running the stop sign; gold
  2. Independent witness(es) step(s) forward to say who they witnessed running the stop sign.

Intersection Accident With One Party Making a Left Turn or U-Turn

Many intersection accidents happen when a driver making a left turn or a U-turn either collides with an oncoming vehicle or is struck by it. If the other driver ran a red light, it’s clear that they are at fault. However, the situation becomes more complex if the other driver enters the intersection on a yellow or green light.

According to the law, a driver making a left turn or U-turn must ensure that the intersection is clear and safe before proceeding. So, if an oncoming car approaching the intersection is too close, and there isn’t sufficient time to complete the turn safely, the driver must wait for the oncoming vehicle to pass before making the left turn.

A driver making a left turn or U-turn is typically at fault unless the other driver runs a red light, fails to stop at a stop sign, or is speeding.

Role of a Personal Injury and Accident Attorney

A skilled personal injury and accident attorney will help you determine liability and strategize as to the best way to present your case, ensuring that you end up with a fair and adequate compensation for your injuries.

If you are injured in an accident or a slip and fall, we are here to help you.  We (The Mason Law Firm) handle all kinds of personal injury and accident cases, including car, truck, motorcycle, bicycle, pedestrian, and bus accidents.  We also handle slip and fall cases.

We are managed by Mason Rashtian, who has been litigating personal injury and accident cases for over 27 years, first as a defense attorney and now as a plaintiff’s injury attorney, helping those who have been harmed by the carelessness (negligence) of others.

We take matters throughout California, including Los AnglesSanta Clarita ValleySan Fernando Valley, and Antelope Valley.  If you are injured in an accident or a slip and fall, please feel free to contact us for a free consultation.  We work on contingency.  So, there is never any out-of-pocket fees or expenses for our clients.  You can reach us at (661) 476-5678, or by simply filling out our contact page by clicking here

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