Hi nicki999,
The general rule in any rear-end collision (which is essentially what
you are talking about) is that the driver of the car BEHIND is the one
at fault. The law dictates that a driver must drive in such a way
(speed, level of alertness) that he/she can stop or avoid anything
that blocks the roadway at any time. If the car in front stops
immediately then the driver behind is expected to be able to stop in
time to avoid collision.
MULTI-CAR PILEUPS
“If someone hits you from behind, it is virtually always his or her
fault, regardless of the reason you stopped. A basic rule of the road
requires that you be able to stop safely if a vehicle stops ahead of
you. If you cannot stop, you are not driving as safely as the person
in front of you. Another aspect of a rear end accident claim is that
the car's damage proves how the accident happened. If the other car's
front end and the rear end of your car are both damaged, there is no
doubt you were struck from the rear.
In some situations both you and the car behind you will be stopped
when a third car runs into the car behind you which pushes into the
rear of your car. In that case it is the driver of the third car who
is at fault and against whose liability insurance you would file a
claim.”
://www.google.ca/search?q=cache:wUdiAhf0wPkC:www.californiatrialattorney.net/personal.html+rear+end+collision+fault&hl=en&ie=UTF-8
REAR END COLLISION ---
“Rear End Collision. The operator of a vehicle subject to the Safe
Driver Insurance Plan shall be presumed to be more than 50% at fault
when operating a vehicle which is in collision with the rear section
of another vehicle.”
http://www.state.ma.us/doi/BOA/Boa_sof_on.html
“One of the standards says that the driver behind in a rear-end
collision is presumed to be at fault.”
://www.google.ca/search?q=cache:FI24D3qnOYEC:www.injlaw.com/mv/mv7.html+rear+end+collision+fault&hl=en&ie=UTF-8
“The driver travelling behind should be able to stop in time to avoid
rear-ending the vehicle ahead. The rear vehicle is usually 100%
liable.”
http://www.icbc.com/Claims-Repairs/bi_common_crashes.html
“..the Standard of Fault, "Rear End Collision" presumes that you are
more than 50% at-fault for an accident when operating a vehicle which
is in collision with the rear section of another vehicle.”
http://www.state.ma.us/doi/Consumer/WaysToSave_SDIP.html
“If another party is clearly at fault, such as in the case of a
rear-end collision, you are entitled to submit a claim to their
insurance company”
http://www.keeneautobody.com/accident.htm
EXCEPTIONS
Backing up collision - Almost always, the driver of a car in a
rear-end, backing collision is either at fault or could have prevented
the crash.
http://www.efleetmanager.com/public/safety/backing.cfm
That should answer your question. Of course circumstances may differ
and an attorney should be consulted if you have specific questions
regarding your particular situation.
Thanks for the question,
K~
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