legal advice

[icorean]

What is the name of your state?CA

my friend was involved in a car accident about a year ago. it was a rainy night and my friend was driving on the free way. the other person was parked right on the lane before the carpool lane without any hazards on or anything. my friend couldnt stop in time and rear ended the other person's car. just the other day he got a letter stating that he will be getting a lawsuit , that the person got attorney, etc. i understand that in most situations whoever that hits the car from the back is at fault but i am wondering in this situation is my friend really at fault. any advice would help.

also he was going 60 and hit her at 40 trying to break
just adding in case that plays a part in the situation

 

[InsuranceLadyAZ]

What is the name of your state?CA

my friend was involved in a car accident about a year ago. it was a rainy night and my friend was driving on the free way. the other person was parked right on the lane before the carpool lane without any hazards on or anything. my friend couldnt stop in time and rear ended the other person's car. just the other day he got a letter stating that he will be getting a lawsuit , that the person got attorney, etc. i understand that in most situations whoever that hits the car from the back is at fault but i am wondering in this situation is my friend really at fault. any advice would help.

also he was going 60 and hit her at 40 trying to break
just adding in case that plays a part in the situation

The driver of the vehicle is supposed to be in control of the vehicle at all times. It's very difficult to successfully fight a claim against you for an accident in which you've hit another driver from behind. Did the police report indicate the driver was stopped with no flashers or lights on?

By the way, I have had my share of clients rear-end other drivers and tell me the other driver had no lights. The other driver usually claims they did have lights and the accident caused the lights to be broken. It's hard to prove they didn't have lights on after you've destroyed the back of their vehicle.

 

[justalayman]

It's hard to prove they didn't have lights on after you've destroyed the back of their vehicle.

Actually it's not that hard if they were actually on at the time of damage. Obviously a flashing light would be an on-off situation. That would make that particular ligh difficult to prove. They do it in aircraft crashes all the time. I doubt the insurance co. would be willing to foot the bill to have it done though. As I also understand that driver hitting in the rear of another is generally assumed to be at fault.