Legal Question in Personal Injury in California
I was driving on a busy street next to my friend and the car in front of me slammed on her breaks, I did as well but it was raining and I swerved to the left and hit my friends car. It turns out the lady slammed on her breaks because a family was jaywalking across the intersection. She gave me a phone as a witness, she was not hit. The jaywalkers left the scene of the accident and couldn't be found. Am I at fault? Will my insurance have to pay?
2 Answers from Attorneys
Yes, you will be found primarily at fault--maybe not 100%, but likely more than 50%. The obligation is very heavy on cars that are following. You could see how far you were from the car in front of you, and you knew that the road was wet, and you should have left yourself more room to stop in case of an emergency. Nobody ever leaves themselves enough room, nobody expects the unexpected--but they SHOULD. That's what the law expects of all of us who are granted the privilege of driving.
Of course you are at fault. Your car hit someone. Turn the claim over to your insurance carrier.
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