Legal Question in Personal Injury in California
Auto Accident involving animals
If an animal runs in front of a car and the cars stops short and is rear-ended, who is responsible for this accident?
In addition, the first vehicle's brake lights were not visible when stopped.
This accident occurred at night on a poorly lit street.
After stopping at a red traffic light, both vehicles had just begun driving through the green light, approx. 15 mph with 3 car lengths between them.
2 Answers from Attorneys
Re: Auto Accident involving animals
First, you have to understand fault in California. Basically, it is a pie that can be split any number of ways. The total fault is 100% and can be divided up as to both parties or all on one party. You can read more here: http://www.calpiblog.com/2006/01/fault_in_califo.html
Second, the general rule is that the person in the back is at fault. Again, it is just a general rule.
In this case, the person in front had time to stop when an animal ran out in front of it. The California Vehicle code says all drivers must maintain a safe distance. If the car in front stopped safely, the car behind should be able to stop safely as well. If that car cannot, then the presumption is that the car in the back was following too closely or driving too fast for conditions or not paying attention.
As for the brake lights, if you can show that they were not working, you would have a better argument that there may be some fault on the other party.
Re: Auto Accident involving animals
Of course, if it were a dog who ran out the front yard because the owners left the gate open, then the homeowner might be at fault. If it were a non-pet, then my colleague's response would stand.
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