Who is At Fault for a Rear End Collision in California?
Rear end collisions are among the most types of traffic accidents. According to data published by the National Transportation Safety Board (NTSB), approximately half of all multi-vehicle crashes reported in the United States are rear-end collisions.
While some people assume the rear driver is always to blame for these accidents, there are some exceptions to this general rule. Here, our San Francisco car accident lawyers provide an overview of what you should know about rear end collision liability in California.
The Rear Driver is Likely to Be at Fault — But Liability Is Not Guaranteed
California does not impose automatic liability on the driver who rear ended another vehicle in a crash. To be clear, the rear driver is certainly more likely to be at fault for this type of accident. In most rear end collisions, the second driver in line is the one who is held responsible for the crash. Some of the most common reasons why rear driver negligence causes these types of accident include:
- Speeding or driving too fast for road conditions;
- Following too closely (tailgating);
- Distracted driving, including texting and driving; and
- Failure to conduct proper vehicle maintenance, including faulty tires and bad brakes.
That being said, there are cases in which the front-end driver may bear some, or all, of the liability for a rear end crash. The most common reason why this occurs is an unsafe lane change accident. If the rear end collision occurs, at least in part, because the front driver changed lanes directly in the path of an oncoming vehicle, they may be held legally liable for the resulting rear end collision. While this type of crash may still be a rear end collision, the front driver may have created the underlying safety hazard.
Other types of negligence could also result in the rear driver facing a reduced level of liability. As an example, if the front vehicle in line has a broken taillight or a non-functional brake light, the rear driver may escape some or all the responsibility for a resulting crash.
Serious Rear End Collisions Require a Comprehensive Investigation
Even in rear end collisions, disputes can and do still arise over liability. Therefore, every serious auto accident should be comprehensively investigated by an experienced professional. Your San Francisco car accident lawyer will help you secure all the evidence needed to prove liability and protect your rights. Remember, California is a comparative negligence state. Motorists held partially liable for even a small percentage of their own accident will have their compensation reduced proportionally — in some cases, this could potentially take thousands of dollars out of your settlement offer or verdict.
Rear End Collision Frequently Asked Questions
Who is usually at fault in a rear-end collision?
In most cases, the driver of the rear vehicle is considered at fault because they are expected to maintain a safe following distance.
What are common causes of rear-end collisions?
Common causes include distracted driving, tailgating, speeding, sudden stops, poor weather conditions, and mechanical failures.
What injuries can result from a rear-end collision?
Injuries can range from minor bruises to more serious conditions like whiplash, spinal injuries, and head trauma.
What should I do immediately after a rear-end collision?
Ensure everyone’s safety, call the police, exchange information with the other driver, take photos of the scene, and seek medical attention if needed.
Can I sue if I’m rear-ended?
Yes, you can sue for damages if you’re rear-ended, especially if you suffer injuries or property damage.
How do I prove fault in a rear-end collision?
You can use evidence such as photos of the accident scene, witness statements, police reports, and any available video footage.
What types of damages can I claim in a rear-end collision lawsuit?
You can claim economic damages (like medical expenses and lost wages) and non-economic damages (like pain and suffering).
How long do I have to file a claim after a rear-end collision?
In California, you generally have two years from the date of the accident to file a personal injury claim.
Do I need a lawyer for a rear-end collision case?
While not required, it’s highly recommended to consult with a personal injury attorney to help navigate the legal process and maximize your compensation.
What role do insurance companies play in rear-end collisions?
Insurance companies will investigate the accident, determine fault, and handle claims for damages. They may also negotiate settlements.
Were You Injured in a Rear End Collision in Northern California?
We are here to help. At Bracamontes & Vlasak, our California motor vehicle accident attorneys are strong, aggressive advocates for injured victims. If you or someone you know was hurt in a rear end crash, please contact our law firm at (415) 835-6777 for a free case evaluation. From our office in San Francisco, we serve communities throughout the Bay Area, including Oakland, San Jose, Fremont, and Santa Rosa.
(Updated 12/9/2024)
