As far as establishing blame, it doesn’t make a bit of difference whether (s)he was holding a cigarette or a cell phone.
He rear ended another car because he was inattentive or following too close as the other car slowed due to the fact that they were approaching an intersection.
The standard excuse in such a situation is that the car in front braked suddenly. That excuse almost never works. Nor does claiming that paparazzi are chasing you.
In any event, the cops will have readouts from both cars’ computers, they have the photos, and there are witnesses.
Besides having my very first car accident very close to this one onthe PCH over 40 years ago when I was about 15 1/2. :)
I also was in a 5 car pile up on the 10 just before downtown LA.
I think the thing about rear ending someone is more nuanced. As I went to my deposition with mynattorney, she explained that they look for if your, yourself, were rearended thereby pusinging you into the carvahead of you.
I don,t think this scenario applies to this sccident though.
I whould have to agree that he has no excuse for rear eanding her.
This happens every day of the week on the Freeways here during rush hour. Going 65-75 then all the sudden the crush of traffic at a standstill or going at a crawl and someone smashes into the back of the last stopped (or slowing car).
Someone gets it...
It’s amazing some people drive all their lives, and still have no clue as to what is happening or what are the causes to at-fault collisions.
Most are caused by careless inattention or simply following too close. You can always tell a bad or inexperienced driver...They’ll always be the ones who follow too close and or fail to pay attention. They’re number inevitably comes up, and they almost always attempt to blame others and they lose in that attempt too.