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In this case, the driver who struck the vehicle (you) would probably be found at-fault; however, it's best to file a police report and make sure that there are no local exceptions for negligence, but the general rule is that if you rear end it, it's your fault. The justification is that you were not in control of the car if you allowed yourself to strike it.

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Q: If you rear end a car with non-working brake lights who's at fault?
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Which driver is at fault if a vehicle was rear ended with only one of three brake lights working and no insurance?

The presumption is that if you were rear ended, the other driver is at fault. The brake lights not working is a mitigating factor, but the bulk of the blame still goes with the other driver. Insurance doesn't have any relation to fault. But it coculd get you a ticket.


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the driver that rear ended the car. The person that rear ended will probably get hit with a following too close (if they weren't they would have noticed the other vehicle slow down or stop) and an At Fault Accident and the car that got rear ended would probably get an equipment violation for their brake lights out.


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