Rear-end collisions are one of the most common types of auto accidents in California. While some are minor, many can result in serious injuries and vehicle damage. If you or a loved one has been involved in a rear-end crash, you might be wondering, “Who is at fault?” Understanding liability and how it impacts your ability to receive compensation can be complicated, but this guide can help.
Who Is Typically Responsible for a Rear-End Collision?
In most cases, the rear driver is considered responsible for rear-end collisions. This is because all drivers are required to maintain a safe following distance, ensuring they can stop if the car in front of them brakes suddenly.
Following too closely is generally seen as negligence, which makes the rear driver liable for any damages. According to California Vehicle Code Section 21703, a driver should never follow another vehicle more closely than is “reasonable and prudent.”
When the Lead Driver May Be at Fault
While the rear driver is usually held accountable, there are instances when the lead driver may be partially or entirely responsible for the accident. Some situations where the lead driver could be at fault include:
- Sudden and unnecessary stopping: If the lead driver makes an abrupt stop without warning or a legitimate reason, they may be considered negligent.
- Reversing into traffic: If the lead driver backs up into traffic and causes a crash, they could be liable.
- Brake light malfunctions: A lead driver whose brake lights are not functioning properly might be responsible for the accident, as the rear driver wouldn’t have known that they were stopping.
- Aggressive or road rage driving: If the lead driver engages in reckless behavior—like cutting off other drivers or brake-checking—they may be partially or fully responsible for the collision.
While determining fault in these situations can be more complex, a car accident lawyer can provide guidance and help assess the situation.
California’s Comparative Negligence Rule
California follows a “pure comparative negligence” rule for car accidents, which means that even if you’re partially responsible for the crash, you can still recover compensation. However, the amount of compensation you receive will be reduced by your percentage of fault.
For example, if you’re found to be 30% at fault for making a sudden stop and the rear driver is 70% at fault for following too closely, your compensation would be reduced by 30%.
An experienced Santa Ana personal injury lawyer can fight to ensure that liability is fairly assigned among all parties involved in your collision, helping to maximize your recovery.
Steps to Take After a Rear-End Collision
If you’re involved in a rear-end crash, it’s important to take certain steps to protect your rights and ensure the best chance of recovering compensation:
- Call 911: If there are injuries or property damage, contact the police. The officer will document the scene and create a report, which can be crucial evidence.
- Exchange information: Get the contact and insurance details of the other drivers involved, as well as the information of any witnesses.
- Document the scene: Take photos of your vehicle damage and the positions of the cars involved. Be sure to note any skid marks or hazardous road conditions.
- Seek medical attention: Even if you feel fine, seeing a doctor is essential. Injuries like whiplash or concussions may not show symptoms right away, but a doctor can identify them early.
After you’ve taken these steps, it’s wise to consult a car accident lawyer. They can assist with gathering evidence, investigating the accident, and negotiating with insurance companies to help you get the compensation you deserve.
Contact a Car Accident Lawyer
Determining liability in a rear-end collision can be more complicated than it seems. While the rear driver is often at fault, the lead driver may also share responsibility in certain cases.
If you or a loved one has been involved in a rear-end crash, contact a Santa Ana car accident attorney today. At TraumaLaw, we offer free consultations to help you understand your legal rights and get the compensation you deserve.
