Q: Is there any legal precedence where the lead driver in a rear-end accident, on a freeway onramp, is found at fault?
She stopped suddenly, for no reason, and there were no cars in front of her. Or is the following driver in a rear-end accident, always at fault? Are there any laws prohibiting drivers from stopping suddenly on the freeway onramp? I entered the onramp for the 101 freeway, was travelling about 25-30 mph at a safe distance behind, like 150 feet, and while I glanced to check my blind spot and check there was space to merge on to the freeway, the lead driver stopped suddenly for no reason. I almost stopped in time, but after losing that split second, my car skidded into her rear bumper, no airbags deployed. She still had another 200 yards to go until the onramp lane merged with the freeway lane, so she certainly did not have a good reason to suddenly stop in that part of the lane. For these reasons, it seems that this accident should be partially or all of the fault of the lead driver. It seems that they were negligent. Thank you in advance for your insights.
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A:
In California, the driver who rear-ends another vehicle is generally presumed to be at fault because they are expected to maintain a safe distance and be prepared to stop. However, there are situations where the lead driver may share or bear fault, especially if they acted negligently. If the lead driver stopped suddenly without any reason, this could be considered negligent behavior, and they might be partially or fully responsible for the accident.
In your case, if the lead driver stopped abruptly on the freeway onramp without any apparent reason and there were no cars in front of them, you may have grounds to argue that they contributed to the accident. The key here is whether their action was reasonable under the circumstances. California law does prohibit drivers from stopping on a freeway or onramp without a valid reason, such as an emergency or traffic obstruction.
You may need to provide evidence, such as witness statements or dashcam footage, to support your claim that the lead driver’s sudden stop was unwarranted and negligent. In such cases, fault can be shared between both drivers based on comparative negligence, where each party’s level of fault is assessed. It would be helpful to consult with a legal professional to discuss your situation and determine the best course of action to take.
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