Q: How liable am I for my car accident?

A: In California, liability in car accidents is determined under the rule of comparative negligence, meaning that if you are found to be partially at fault for an accident, your responsibility for damages can be apportioned according to your degree of fault. Based on the scenario you described, where you swerved to avoid a car drifting into your lane and subsequently hit a car stopped at a red light, several factors will be considered to determine your liability. These factors include the actions of the driver who drifted towards your lane, your reaction to that threat, and the overall circumstances leading up to the collision with the stopped car.

Although you were reacting to another driver's potentially negligent behavior, hitting a stopped car could be seen as failing to maintain control of your vehicle or not keeping a safe following distance. However, the drifting driver could also be found partially at fault for creating a hazardous situation that contributed to the accident. In such cases, the liability may be shared among the involved parties, including you, the driver who drifted into your lane, and potentially even the stopped car, although the latter is less likely unless there were other contributing factors, such as improper signaling or vehicle malfunctions.

It's important to gather and present evidence such as eyewitness testimonies, dashcam footage, and police reports to support your account of the events. The exact apportionment of liability will depend on the investigation's findings, including any evidence of the initial drifting incident and your response to it.

A: I'm sorry about your accident. I hope everyone involved is okay. It would probably be best to assume that the occupants of the vehicle you struck will initiate a claim. Placing your own insurance carrier on notice will enable them to arrange for your defense if that happens. You will also be providing your carrier with the opportunity to investigate the accident promptly, which is probably a condition of your policy. Hopefully that could yield evidence to support your position of not being solely liable. Good luck

A: Under California law, liability in a car accident is determined based on negligence. In this situation, your liability would depend on whether your actions met the standard of care expected of a reasonable driver. Swerving to avoid a drifting car may have been a reasonable reaction to the sudden danger, but if it led to a collision with the car in front of you, your liability may be assessed based on whether your actions were prudent and foreseeable. Factors such as your speed, distance from the cars around you, and ability to safely maneuver are considered in determining liability.

It's important to note that California follows a comparative negligence system, meaning liability can be apportioned between multiple parties based on their respective degrees of fault. If it's determined that the drifting car's actions were a significant contributing factor to the accident, their liability may also be considered. Additionally, the driver of the car you collided with may share some responsibility if there were factors contributing to their stopped position that were avoidable or could have been mitigated.

Navigating the complexities of determining liability in a car accident can be challenging, especially without legal representation. Consulting with an attorney experienced in California's personal injury laws can help you understand your rights and potential liabilities. They can assess the specifics of your case, gather evidence, and advocate on your behalf to minimize your liability and protect your interests.