If I rear-end somebody because of faulty tail lights, whos at fault?

[pearl]

This didn't happen (almost did though on my lunchbreak), but I was just curious what would happen?

Yes, I am suppose to have control over my vehicle at all times, but if someone has a vehicle with faulty brake lights, whos to blame?

[Sarge]

you both can get a summons.

In a civil case if you could prove the other driver had no tail lights you could show fault.