Legal Question in Personal Injury in California

Re: Rear Enders?

Maybe. California allows recovery evern if both parties are at fault. The woman ahead for doing a dangerous and illegal maneuver and your sister for following too close, not paying enough attention and not being able to stop in time. More deatail is needed for a complete answer. Visit an attorney.

Re: Rear Enders?

There is a "pure comparative fault" rule in California. This means that the court will look at both the woman who made the u-turn and your sister, and determine their degree of fault. Obviously, an illegal and unsafe u-turn is unlawful. If your sister was driving reasonably and safely, then she should be found 100% innocent, and the other woman might have to pay her.

However, if your sister was tailgating or otherwise driving unsafely, then she could be found partially liable, and have to pay the other driver according to her percentage of fault.

Your sister immediately needs to either hire an attorney or have her insurer handle this matter.

D. Alexander Floum is an experienced attorney and a law school professor.

The Schinner Law Group is a full-service law firm, providing assistance in business, corporate, tax, litigation, contracts, intellectual property and related areas of law.

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