laws in California for hitting a nonmoving object

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laws in California for hitting a nonmoving object

I was driving down the freeway very early this morning and was going about 65-70mph about 40 feet behind another car and all of a sudden the car in front of me swerved out of the lane and before I could react I hit a very large tire tread from a truck.  I called the CHP who came out and told me if I have a report made on scene that I would be at fault and would have points on my DL but if I go into the station it would only be local. Is there any truth to this even though there was no way to avoid hitting the tire tread?

Asked on June 24, 2009 under Accident Law, California

Answers:

L.M., Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You might have had enough time to stop had you been going slower; you haven't said what the speed limit was on the road. That said, I have never heard of the driver being at fault for hitting an object on the road.  It sounds like the CHP officer just didn't feel like making a report.  Was there any damage to your car?  It would be hard to track down the truck that left the tire tread, unfortunately.  You could make a claim for damages with CalTrans, but I don't think you'll get too far.


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