What is the test for determining who is responsible for a rear-end collision?

California, United States of America


The following excerpt is from Davis v. Ewen, Argonaut Ins. Exchange, Intervener, 148 Cal.App.2d 410, 306 P.2d 908 (Cal. App. 1957):

'Cases involving rear-end collisions are legion. Although the contention is made often that the leader alone, or the follower alone, is guilty of negligence, in general it has been held that the case as presented by each party creates a question of fact for the jury and not a question of law for the court. Donahue v. Mazzoli, 27 Cal.App.2d 102, 80 P.2d 743.

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