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Brandy Crash -- Dead Woman at Fault?

12/26/2007 3:49 PM PST BY TMZ STAFF

TMZ has learned the hang-up in deciding whether to file vehicular manslaughter charges against Brandy is that Brandy may have been a victim, not a culprit.

A CHP source tells TMZ the woman who died in the car accident involving Brandy actually struck the vehicle in front of her before Brandy made any contact. The law enforcement source says Awatef Aboudihaj, the woman who died, struck the car in front of her -- which was going 65 mph, and then slammed on her brakes. We're told the sudden stop caused Brandy to hit the dead woman's car.

What's more, L.A. County Coroner spokesperson Captain Ed Winter tells TMZ that toxicology reports show Aboudihaj had "slight traces" of marijuana in her system at the time of the crash.

The L.A. City Attorney has until the end of the business day on Friday to decide whether to file criminal charges against Brandy -- that's when the one-year statute of limitations runs out. Sources tell TMZ there is significant division in the City Attorney's office, and a decision still has not been made. The problem for the City Attorney: if they file manslaughter charges, they have to prove Brandy did something negligent -- and we're told that could be difficult if not impossible.

Stay tuned...

175 COMMENTS

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1.

Petunia    

A rear-end accident is ALWAYS the fault of the person behind. Even if the dead woman hit the car in front of her, Brandy was at fault for hitting the dead woman's car. A driver is always to allow enough distance to be able to stop before hitting a car directly in front of them.

2303 days ago
2.

JATY    

Are they trying to say they just found this out ? Well we all know timing is everything

2303 days ago
3.

FlBiker    

It was the dead ladys fault she got rear-ended? WTF is wrong with that picture?

2303 days ago
4.

Tangie    

Petunia--EXACTLY. People ride each others tails, and you are suppose to be able to stop.

2303 days ago
5.

Bradblowsgeorge    

Hollyweird justice strikes again!

2303 days ago
6.

run away!    

Well, Petunia, you dont know if Brandy was too close to the woman's car or not. When someone in front of you stops suddenly on a highway, it's pretty difficult to stop quickly enough when everyone is driving at such high speeds. No matter how much precautions you take on the highway, or driving anywhere in general, anything can happen.

2303 days ago
7.

Petunia    

"a rear end accident is not always the fault of the person behind. that is an urban legend. in law you can never say always."

ROFL. Logical thought is now an urban legend. I think you've been hitting the eggnog too hard.

2303 days ago
8.

Jessica    

Petunia shut up..........Accidents happen all the freaking time. Yay for Brandy!!!

2303 days ago
9.

Petunia    

"Petunia shut up..........Accidents happen all the freaking time. Yay for Brandy!!!"

How much is she paying your agency?

2303 days ago
10.

Rhi    

A rear-end accident fault depends on many, many things. Yes a person should leave enough room between cars but I think all of us driving have at least had one jerk slam their brakes at the last minute which can cause a rear-end accident regardless of distance.

In rear-end accidents that involve more than one car by the CHPs and insurance companies standards by law all people in the accident are investigated such as why did the initial person slam their brakes, why did the other person hit them, what was the cause of the accident, the state of people's minds, medications, possible under the influence, etc especially when a death occurs. So it is never cut and dry really as well all may be made to believe.

Also, yeah timing is everything but if the woman had drugs in her system as stated - interesting this was not found out earlier that could be a factor in Brandy's favor and not pose well for the woman.

Additionally, I hope the truth comes out. It is always bad when an accident occurs and people die.

2303 days ago
11.

Yucks!    

Why do they always try to change the law for rich people!? I agree with Comment #1. Brandy is at fault regardless. She probably wasn't paying attention. She was probably looking on the floor of the car for her "career"! She's a has been.

2303 days ago
12.

mickey    

a rear-end accident is NOT ALWAYS the fault of the driver behind. the next time someone slams their brakes in front of you when your shopping, and you hit them, does that mean it's not your fault, or it is your fault? yes, you need to allow car spaces in between cars when driving, but that really does not prevent all accidents. I am sure that they are divided b/c they don't feel like they want to let another "celebrity go", but it would be very wrong if she was not at fault, and then to charge her with it. It's a sham they didn't release this sooner, as we know how the public opinion can get out of hand sometimes...

2303 days ago
13.

Prince of Bel Air    

2303 days ago
14.

Jessica    

Damn i have an agency? no one told me of this.........The point is if you're infront of me and you hit your emergency brakes I'm not guaranteed to stop in time IT HAPPENS. And don't you find it rather weird that the dead lady had marijuana in her system. Why is nobody talkign about that? oh yea cause celebs are not people and they are always at fault!

2303 days ago
15.

NO NO NO    

It appears Brandy was involved in a terrible car accident. I'm sure she is feeling awful, as any one of us would. I think people want to make a big deal about it and find Brandy guilty for whatever reason. But since the facts are coming out it appears we really can't blame Brandy, so people just leave her alone.

The family and especially the children of the dead women have to live with this for the rest of their lives. Those are the people we should be focused on. My condolences goes out to them.

2303 days ago
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