We were involved in an accident where the other driver hit us from behind, straight on. We were slowing to make a left turn. Who is at fault? car dam

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We were involved in an accident where the other driver hit us from behind, straight on. We were slowing to make a left turn. Who is at fault? car dam

Asked on March 29, 2009 under Accident Law, Pennsylvania

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Normally the car that hits you from the rear would be  deemed at fault and thus liable as a driver is under a duty to drive at a sufficiently slow rate of speed and not follow so closely so as to enable him/her to control the car and be able to stop in time. That said, if your brake lights were not working, or you did not have your tail lights on at night, or suddenly stopped without warning, or were making an illegal turn, etc. you may share at least some of the fault.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Fault is a legal conclusion based on consideration of all the facts and circumstances.

In general a driver is expected to be abe to maintain control of his or her car and thus able to stop in time to avoid hitting the cars in front. If the drive does crash into a car in front, there is a presumption he or she was at fault vis a vis the car in front. The presumption is usually not absolute, and sometimes can be rebutted with evidence.


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