In California, if a lead vehicle’s brake lights fail, leading to a rear-end collision, the lead driver may be held partially or fully liable for the accident. This is due to violations of specific California Vehicle Code sections and the state’s comparative negligence laws.
⚖️ Legal Framework: Liability for Malfunctioning Brake Lights
1. Violation of Vehicle Code § 24002 – Unsafe Vehicle
Under California Vehicle Code § 24002, it is unlawful to operate a vehicle in an unsafe condition, including having non-functional brake lights. If a lead driver operates a vehicle with malfunctioning brake lights, they may be considered negligent per se, meaning their violation of the statute is deemed to be negligence without needing further proof.
2. Violation of Vehicle Code § 22107 – Unsafe Lane Changes
If the lead driver changes lanes without signaling, causing a rear-end collision, they may be in violation of California Vehicle Code § 22107, which requires drivers to ensure that lane changes are made with reasonable safety and signaling.
3. Comparative Negligence in California
California follows a pure comparative negligence rule, meaning that even if the injured party is partially at fault, they can still recover damages. For example, if the lead driver is 70% at fault for having malfunctioning brake lights and the rear driver is 30% at fault for following too closely, the rear driver can still recover 70% of their damages.
📄 Evidence to Support the Claim
To establish liability, the following evidence can be crucial:
- Police Reports: Documentation of the accident and any citations issued.
- Witness Testimonies: Statements from other drivers or pedestrians who observed the lead driver’s actions.
- Dashcam or Surveillance Footage: Video evidence showing the lead driver’s behavior.
- Vehicle Inspection Reports: Evidence that the lead vehicle’s brake lights were malfunctioning.
- Expert Testimony: Accident reconstruction specialists can analyze the scene and provide insights into the cause of the collision.
💰 Potential Damages
If the lead driver is found liable, the injured party may be entitled to:
- Medical Expenses: Costs for treatment of injuries sustained.
- Lost Wages: Income lost due to the inability to work.
- Property Damage: Repair or replacement costs for the damaged vehicle.
- Pain and Suffering: Compensation for physical and emotional distress.
- Punitive Damages: In cases of egregious conduct, additional damages may be awarded to punish the wrongdoer.
✅ Steps to Take After the Accident
- Seek Medical Attention: Even if injuries seem minor, it’s important to get checked by a healthcare professional.
- Report the Accident: Contact local law enforcement to file a report.
- Gather Evidence: Collect photos, videos, and contact information from witnesses.
- Consult an Attorney: An experienced personal injury lawyer can help navigate the legal process and ensure your rights are protected.
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