Who Is Responsible for My Rear-End Collision?
Rear-end collisions are among the most common types of auto accidents in California. While some are minor, others can potentially cause serious injuries and damage.
If you or a loved one has been involved in a rear-end crash, one of your first questions may be, “Who is responsible?” Several factors can affect liability and whether you may receive compensation.
The Rear Driver Is Usually at Fault
The rear driver is typically assumed to be at fault for a rear-end collision. This is because all drivers have a duty to maintain a safe following distance so that they can stop if the car in front of them brakes suddenly.
Following too closely is typically considered negligence, which makes the rear driver liable for the damages caused. California Vehicle Code Section 21703 states that a driver should not follow another vehicle more closely than is reasonable and prudent.
Exceptions: When the Lead Driver May Be at Fault
There are instances where the lead driver may be partially or fully responsible for a rear-end collision.
Some examples include:
- Sudden and unnecessary stopping: A lead driver may be considered negligent if they make a sudden stop without warning or for no reason.
- Reversing into traffic: A lead driver may be deemed negligent if they hit the car behind them while backing up. This often happens in parking lots or driveways.
- Brake light malfunctions: A lead driver may be considered negligent if their brake lights do not function, such that the rear driver has no warning that the car in front of them is stopping.
- Road rage or aggressive driving: A lead driver may be deemed negligent if they cause a collision while driving aggressively, such as cutting in front of other vehicles or brake-checking them.
Determining fault can become more complex in these situations, but a Santa Ana car accident lawyer can help.
Shared Liability and Comparative Negligence in California
California follows a pure comparative negligence rule in car accident cases where the victim shares blame for the crash. The rule states that you can still recover compensation for your damages, even if you were partially at fault. However, your compensation will be reduced by your percentage of responsibility.
For example, suppose you were found to be 30 percent responsible for your collision because you made a sudden stop, and the rear driver was 70 percent responsible for following too closely. Your potential compensation would be reduced by 30 percent.
An experienced Santa Ana personal injury lawyer can fight to have liability fairly assigned amongst all parties involved in your collision.
What to Do After a Rear-End Collision in Santa Ana, California
You should take several steps to protect your rights if you are involved in a rear-end collision in California.
These can give you the best chance of recovering compensation:
- Call 911: Contact the police if there are injuries or property damage. The responding officer will document the scene and create a report, which can be important evidence later.
- Exchange information: Get the contact and insurance information of other drivers involved. Ask any witnesses for their info as well.
- Document the scene: Take photos of the damage to your vehicle and the position of other cars. Pay attention to any skid marks or hazardous road conditions.
- Seek medical attention: Get a medical evaluation, even if you do not feel injured. It is important to see a doctor, as some injuries, such as whiplash or a concussion, may not present symptoms immediately.
You should then consider consulting a Santa Ana rear-end crash lawyer. They can help you investigate the accident, gather evidence, and negotiate with insurance companies for fair compensation.
Contact a Santa Ana Car Accident Lawyer If You Were Injured in a Rear-End Crash
Determining responsibility for a rear-end collision in California is not always as straightforward as it seems. While the rear driver is typically at fault, the lead driver may share responsibility in some situations.
If you or a loved one has been involved in a rear-end crash, schedule a free consultation with a Santa Ana car accident attorney to understand your legal rights.
Contact the California Car Acccident Lawyers at The Simon Law Group Today
For more information, please contact an experienced car accident lawyer at The Simon Law Group to schedule a free initial consultation today. We have three convenient locations in California, including Torrance, Hermosa Beach, and Santa Ana, CA. We also have offices in Phoenix, AZ, and Austin, TX.
We proudly serve Los Angeles County and Orange County, CA, and its surrounding areas:
The Simon Law Group – Torrance, CA Office
2916 W 164th St Second Floor,
Torrance, CA 90504
(424) 622-0812
The Simon Law Group – Hermosa Beach, CA Office
34 Hermosa Ave,
Hermosa Beach, CA 90254
(424) 722-3209
The Simon Law Group – Santa Ana, CA Office
1327 N Broadway,
Santa Ana, CA 92706
(714) 581-8546
