August 27, 2020
How to Prove a Rear End Car Accident in California: LA Lawyer Explains Negligence Per Se
One of the most common types of auto accidents is a rear end collision. Our Los Angeles rear end accident lawyers at the Amicus Law Group know that when it comes to determining fault in a rear end accident, the person who is violating the law while driving may be found liable under the doctrine of “negligence per se.” If the rear driver violated a law, regardless of the other conditions of the accident, he or she will be found at fault. This allows a victim to recover compensation for his or her injuries.
Negligence is an important concept in injury law. It will determine who is liable for injuries in a personal injury claim. But negligence can be difficult to prove in certain types of cases. There is also common law negligence (judge-made law) or negligence per se (violations of statutory law, or legislatively-made law).
Negligence per se says that the rear driver, through a failure to drive with caution and/or by following too closely, may be at fault for the accident without the need to prove liability under the common law standard of negligence. This may be due to the rear driver tailgating, or speeding, or even being distracted.
A common defense or claim by a defendant is that the lead vehicle abruptly braked. Even in the case where the front driver brakes suddenly causing the rear driver to rear end their vehicle, the rear driver may still be at fault for the accident under negligence per se if the rear driver was following too closely (tailgating) or operating a vehicle while districted, drunk, speeding, or another negligent cause.
If you or a loved one were seriously injured in a rear end auto accident occurring in California, ask our experienced Los Angeles rear end accident lawyer for help recovering compensation for your injuries.