As I just posted, however, there is a presumption of negligence against the rear-ending driver that is rebuttable. That means the driver who rear-ended the other car can fight liability.
In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.
Mr. Deasy is correct. There is a presumption of negligence, but you can overcome that. Officers love to write following too closely and careless driving tickets in that situation just as a matter of course for whomever rear-ended another driver. However, there are MANY instances in which the trailing driver did nothing wrong.
The information provided in this answer does not create an attorney-client relationship. If you are interested in his legal services, feel free to call Chris at (303) 409-7635 at his law office in the Denver Tech Center. All initial consultations are free of charge.
It is not a "rule" but a "presumption" (since "presumably" the following car was the last able to prevent the accident (except for following too close, too fast, etc.)
The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.
There is a presumption of guilt in a rear end collision but nothing is ever 100%. Call a lawyer if you are still unsure.
No. Typically the car that hits another in the rear is liable 9 times out of 10. Have a local car accident lawyer investigate your accident.
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