Legal Question in Personal Injury in California

Am I really at fault for the accident caused by other driver?

Hi there, I was involved in an auto accident where another driver caused an accident and then left the scene. I was unable to get his license plate number or any information because he left quickly and unfortunately my car stalled after the accident and wouldn't turn on.

I was traveling behind him, on a rainy day, on a straight road, without any stop signs, when he stopped his work van. I didn't see any brake lights come on his van, so basically I stopped on his end. The guy got off his van and said: ''I'm ok, are you ok?'' I asked: ''why did you stop'' he said: ''I'm lost'' then he got on his van a left.

NOW, my insurance says I'm 100% at fault!! Is this true? If the other guy had no stop lights, no reason to stop, but did because he had taken a wrong turn off the freeway, Didn't he cause the accident?

Any information would be most appreciated. Any ideas how to convince my own insurance company that I'm not to blame for the other driver's actions and lack of brake lights?

Thanks


Asked on 12/18/03, 11:08 am

2 Answers from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Am I really at fault for the accident caused by other driver?

Unfortunately, you are presumed to be at fault for either or both of the following reasons: 1) you were driving too closely to stop safely; 2) your speed was excessive for the weather conditions. Unless you have independent witnesses, I doubt that anyone can convince the insurance company of anything to the contrary.

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Answered on 12/22/03, 6:37 pm
Donald Holben Donald R. Holben & Associates, APC

Re: Am I really at fault for the accident caused by other driver?

As a former Highway Patrolman and now an attorney for 20+ years, I find it incredibly interesting how someone such as yourself, could come up with such questions. A rear end collision is typically always considered the fault of the driver that runs into the car before him/her. You have no proof of any alleged facts as you state them. Of course you will be considered at fault.

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Answered on 12/23/03, 11:31 am


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