Q: Can I come out less than 50% at fault?
I was in the left lane of a two lane road. Up ahead in the right lane, a van was stopped and had the hazard blinkers on. The vehicle in front of me that was on the right lane saw the van ahead and put the left blinker on to merge into the left lane. I let the vehicle into the left lane. Before passing the van in the right lane, an elderly woman appeared in front of the van and started crossing the road. There was no cross walk. The driver in front of me saw the woman and stopped suddenly. I realized the vehicle in front stopped all of a sudden and pressed my breaks. Unfortunately my car didn’t stop in time and hit the bumper of the front car. The elderly woman didn’t realize what happened and kept walking.
A: It sounds like your follow-distance was not far away enough, and you might be found liable for the damage to the car you hit. If you hitting the car in front caused that car to then hit the woman crossing the street, that might add to your liability as well. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
A: The law in MA says you must give yourself enough distance between the car in front of you and yourself and be ready for unexpected situations like this. Rearenders are difficult to prove you were less than 50% at fault. I don't think you would be successful here given your description of the accident.
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