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  1. #1
    Join Date
    Mar 2010
    Posts
    2

    Unhappy Rear End Before Traffic Light

    My question involves a traffic accident in the State of: California

    Hello everyone,

    I am still very shaken as my accident just happened hours ago.
    I was pulling off the freeway and was about to turn left. There was a car in front of me (but no cars in front of her). She slammed on the break at the cross walk driving at about 35 MPH AS SOON AS the light turned yellow. I rear ended her car. We pulled over to the side of the road and exchanged info. She was rushing the process. She apologized for what happened because she was stressed out about taking her grad test (she was on her way to school). We didn't report the accident. But in the event that she decides to report later, would it be my fault? I have a passenger who can be my witness that she abruptly stopped at the light and apologized.

    Please advise as I can't have this go on my record. I am about to become a CASA (Court Appointed Special Advocate) and this requires me to have a good driving record (I will be driving the kid around)

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Rear End Before Traffic Light

    yes, you are most likely at fault. The rules of driving require you to drive so you can stop within the distance you allow between yourself and an object. It seems you could not do that so, you are at fault.

    you were anticipating the woman going through the light. She didn't. She did nothing wrong.

  3. #3
    Join Date
    Mar 2010
    Posts
    2

    Default Re: Rear End Before Traffic Light

    HI Jk,

    Thanks for clearing that up.

    However, from what I understand, yellow is signal to slow down and be prepared for the red light. One shouldn't stop abruptly at the very first split of a second when green turns yellow. Plus she even admitted that it was her fault because she was too distracted and too stressed out about her exam. I might be wrong. Please advise.

    Thanks.

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Rear End Before Traffic Light

    a yellow means the right of way is ending and a red light will be displayed. In many states it is not illegal to enter an intersection under a yellow light, including yours.

    that does not mean the person does have to run through a yellow light.

    generally, a driver should stop at a yellow light if possible to do so safely before one crosses the stop line or crosswalk. Apparently she could. I'm sorry to say that it was you that could not stop.

    The onus is almost always upon the driver in the rear to drive so as to not hit the driver in front of them. The driver in the rear controls how closely they follow behind another car. The driver in front has no control of the situation. As such, it is the responsibility to drive with the possibility of somebody making a sudden stop and needs to adjust their driving so as to be able to avoid hitting a car should that happen.

    btw: I believe California has a dollar threshold for reporting an accident. Not sure but I think it is $750 or anytime there is an injury.

    Failing to report an accident that is required to be reported can result in your license being suspended, for I believe, 1 year. Not positive on that. Check with the DMV website to be sure.

  5. #5
    Join Date
    Jun 2008
    Posts
    273

    Default Re: Rear End Before Traffic Light

    There are many reasons that she may need to suddenly stop. Someone cut her off, a pedestrian steps out, she sees debris in the road etc. You can't predict what will make a driver stop suddenly. Therefore, we all have a duty to drive at a speed and distance that allows us to stop in time in case something happens.

    In fact, it's almost always going to be the rear car's fault. Notable exceptions include: Where SHE put HERSELF in a position of you being too close (ie changed lanes right in in front of you) then slammed her brakes on... Or she was moving backwards (think about those drives who get stranded in the intersection on red, then back up to the line) Or she did something unreasonable, like she downshifted 3 gears with a manual transmission to make the car suddenly slow down with no brake lights.

    Stopping for a yellow light is not unreasonable.

    Her admitting it's her fault is irrelevant as she's actually NOT at fault and her admission is based upon a mistaken underdstanding of the law.

    You can expect her insurance company to be contacting you/your insurance company.

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