Comparative Responsibility for Rear-end Accidents - Bruce Jenner Collision
Accident & Injury Car Accident Accident & Injury Personal Injury
Summary: When a rear-end accident occurs there may be more than one driver at fault, and several parties may actually share the blame.
Many news outlets have been reporting the tragic car accident that occurred over the weekend involving Bruce Jenner. That collision is one generally referred to as a "rear-ender" in that one or more vehicles were struck from behind. In that instance, based on the information released by law enforcement and the media, it would appear one driver (operating a Toyota Prius) either slowed or stopped on Pacific Coast Highway before being struck from behind by a white Lexus, operated by 69-year old Kim Howe. Jenner's Cadillac Escalade (towing an off-road vehicle) then collided with the rear of the Lexus, causing it to veer into opposing traffic. The resulting collision between the Lexus and an oncoming Hummer sadly resulted in fatal injuries for Howe.
Comparative Fault for the Jenner Accident
In a multi-vehicle collision like the one above, the real question from a legal perspective involves how responsibility is assigned to each of the parties. Assuming the facts above to be accurate, if the Prius driver slowed or stopped unnecessarily (or perhaps to make an illegal u-turn) then their negligence would have set the entire course of events in motion. Howe, if her own inattention caused her to rear-end the Prius, would also share some of the responsibility. As far as Jenner is concerned, he has perhaps two opportunities to see the Prius is slowing or stopped and then that the Lexus is slowing or stopped ahead. His failure to recognize this situation in time to avoid a collision may be the single-most negligent act. The driver of a vehicle towing a trailer (especially one carrying another vehicle) has a greater duty to follow at a safe distance. Also, there is a question of whether he is traveling in the lane (farthest to the right) for those vehicles towing a trailer.
If You Have Been a Victim of a Negligent Driver
If you or a loved one has been the victim of a careless driver or even several careless drivers, contacting an experienced personal injury attorney may be the best way to find out about your rights. Attorney Paul W. Ralph is available for a free consultation by calling 714-919-4415 at any time.
Comparative Fault for the Jenner Accident
In a multi-vehicle collision like the one above, the real question from a legal perspective involves how responsibility is assigned to each of the parties. Assuming the facts above to be accurate, if the Prius driver slowed or stopped unnecessarily (or perhaps to make an illegal u-turn) then their negligence would have set the entire course of events in motion. Howe, if her own inattention caused her to rear-end the Prius, would also share some of the responsibility. As far as Jenner is concerned, he has perhaps two opportunities to see the Prius is slowing or stopped and then that the Lexus is slowing or stopped ahead. His failure to recognize this situation in time to avoid a collision may be the single-most negligent act. The driver of a vehicle towing a trailer (especially one carrying another vehicle) has a greater duty to follow at a safe distance. Also, there is a question of whether he is traveling in the lane (farthest to the right) for those vehicles towing a trailer.
If You Have Been a Victim of a Negligent Driver
If you or a loved one has been the victim of a careless driver or even several careless drivers, contacting an experienced personal injury attorney may be the best way to find out about your rights. Attorney Paul W. Ralph is available for a free consultation by calling 714-919-4415 at any time.