Who is at fault if you get rear-ended in a car accident?

I need to know more about why you swerved to miss the vehicle in the left lane.  If you swerved because that vehicle that you were trying to miss cut you off, then that vehicle would obviously have some fault in the accident.  If that vehicle did nothing wrong but you were going too fast and swerved to miss a car in your lane, you would also have some fault.  The next question is, how close were you to the vehicle that you cut off when you went to the car pool lane.  If you swerved right in front of him and slammed on your break, in a way that the vehicle had no choice but to rear-end you, he/she may not be at fault.  But if you swerved in front of him and he was going too fast and did have enough time to slow down or stop to avoid hitting you, but because of speed, inattention or failure to take proper evasive action, rear-ended you.  He would be at fault.  One, two or all three vehicles involved may have some fault and be responsible.  I need to know more.  If you have sustained injuries, I will be happy to take your case and help you with it depending on the facts.  If you have no injuries, you can still contact me to get a free conultation and advice.  Joseph Farzam farzam@lawyer.com  (310) 226-6890

If you were a passenger than you are probably not at fault and you should give me a call. If you were the driver, there may be a sticky situation. My firm does car accidents cases all over California. you may call me for a free consultation at 800-816-1529 x1.

All the circumstances of the accident are taken into consideration when determining who is at fault in an auto accident.  Some of the scenarios have been covered by Mr. Farzam above.  It sounds like you would not be 100% liable for damages for this accident.  If you would like to give me all of the details I would be more able to access your percentage of fault, if any.  (actionlaw@yahoo.com)

In a rear-end collision in CA, the vehicle that rear-ended you is at fault and is liable for your property damage and personal injury.  It is irrelevant that this accident occurred in the carpool lane.  If there was a police report, it will show which party was at fault in the section where it discusses the cause of the accident.  The police report may mention additional factors as a cause of the accident such as the vehicle that you swerved to avoid if for example that vehicle had just cut in front of you. 

The carpool lane has nothing to do with fault in an auto accident. (Though you could in theory get a ticket or fine for having been in the carpool lane, independent of the outcome of any lawsuits.) The only issues for fault or liability is the respective carefulness of the driver's involved. Being forced to swerve to avoid another accident may work in your favor in showing care (if you can prove it), since it shows that in swerning into the carpool lane you were not careless, but instead being careful.