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Rear End Negligence

Vehicle Code Section 22350, also called the Basic Speed Law, No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed which endangers the safety of persons or property.

Negligence per se is an evidence presumption established in Evidence Code Section 669, as follows:

The failure of a person to exercise due care is presumed if: “(1) He violated a statute, ordinance, or regulation of a public entity; “(2) The violation proximately caused death or injury to person or property; “(3) The death or injury resulted from an occurrence of the nature which the statute, ordinance, or regulation was designed to prevent; and “(4) The person suffering the death or the injury to his person or property was one of the class of persons for whose protection the statute, ordinance, or regulation was adopted. “(b) This presumption may be rebutted by proof that: “(1) The person violating the statute, ordinance, or regulation did what might reasonably be expected of a person of ordinary prudence, acting under similar circumstances, who desired to comply with the law; . . .”

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