Legal Question in Traffic Law in California

I rear ended an unlicensed driver - who's at fault?

According to the officer, CA law states that the person that rear ends the vehicle in front of them is ALWAYS considered to be at fault. The officer admitted that the law is screwed up and sided with me, but had to go by the book.

As I approached the intersection to make a left turn, the light was still green (solid left green, no yielding). The vehicle in front of me suddenly slammed on their brakes for no reason (no crosswalk, no vehicle in front) and I hit her. The owner of the vehicle (not present), admitted to lending her the vehicle, knowing she had no license. It seems I am still responsible for the accident? Even though she had no right to be on the road and obviously doesn't know how to drive (ie: stopping in an intersection with a green light). If I am held responsible, is there any action I can take to cover myself? Lawsuit against the owner of the vehicle? Isn't he an accessory to an illegal act by giving an unlicensed driver his car?

Another question, the officer didn't give me a citation and to my understanding, you're supposed to receive one if you rear end another vehicle. Should I expect to see one in the mail? I am hoping he's showing me mercy since he obviously took my side in the incident.


Asked on 1/12/09, 6:52 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: I rear ended an unlicensed driver - who's at fault?

The lack of a driver's license by the other driver does not make that driver liable for the accident. It is not the law that if you hit a person from behind that you are automatically liable. Report the accident to your insurance agent and consult with an attorney.

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Answered on 1/17/09, 11:35 pm


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