• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

At Fault

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

G

garyw

Guest
I was rear ended by another vehicle while at a stop on a California freeway. The traffic was very slow before the accident occurred. While the other driver and I were exchanging license and insurance information, I asked her what happened and didn't she see me. Her response was that another vehicle nudged her into me and fled the scene of the accident. I didn't believe her because for one, she brought up this 3rd driver 15 mins. after the accident had occurred and she never went to the rear of her vehicle to assess for any damage. I went to the rear of vehicle to write down her license plate and did not notice any damage to the rear of her vehicle.

Just recently, her insurance company denied my claim because they found damage to the rear of her vehicle and concluded that the 3rd driver is at fault for the damages sustained to my vehicle because she was pushed into me. I asked her insurance company to show me proof (eg photo) that there was damage to the rear of her vehicle. But they refused to.

Let say she was telling the truth, if another driver did pushed her into me who would be at fault? Is she partly at fault because she was following me too close? Also, please point me to legal references regarding situations like this.

 


L

lawrat

Guest
I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=veh&codebody=&hits=20

Use the link above to read these sections, it IS somewhere in there.
CHAPTER 3. DRIVING, OVERTAKING, AND PASSING
Article 1. Driving on Right Side ............................ 21650-21664
Article 2. Additional Driving Rules ......................... 21700-21718
Article 3. Overtaking and Passing ........................... 21750-21759
CHAPTER 4. RIGHT-OF-WAY ...................................... 21800-21810
CHAPTER 5. PEDESTRIANS' RIGHTS AND DUTIES .................... 21950-21969
CHAPTER 6. TURNING AND STOPPING AND TURNING SIGNALS .......... 22100-22113
CHAPTER 7. SPEED LAWS
Article 1. Generally ........................................ 22348-22366
Article 2. Other Speed Laws ................................. 22400-22413
CHAPTER 8. SPECIAL STOPS REQUIRED ............................ 22450-22455
CHAPTER 9. STOPPING, STANDING, AND PARKING ................... 22500-22526



Also run a municipal code search too (your county or city)
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top