The rear driver in a rear-end collision is not always at fault for the accident. The lead driver may be at fault if they were negligent or driving recklessly, such as drunk driving or driving with broken brake lights.
Whichever driver is responsible for causing a rear-end accident is liable to the other driver and passengers for compensatory damages in a personal injury lawsuit.
Below, our Los Angeles rear-end collision attorneys discuss the following frequently asked questions about rear-end collisions:
- 1. Who is at fault in a rear-end collision?
- 2. What is negligence?
- 3. When is the lead driver at fault?
- 4. What if a driver in front brakes suddenly?
- 5. What if a driver pulls out in front suddenly and gets hit?
- 6. Multiple vehicle rear-end accidents
- 7. What are the damages?
- 8. What if I was partly to blame?
- 9. Do I need a lawyer?
- 10. What if an uninsured driver rear-ended me?
- 11. What is the statute of limitations?
- 12. What to do after an accident
- Additional resources
If you have further questions after reading this article, we invite you to contact us at Shouse Law Group.
Liability in a rear-end collision is not automatic and sometimes the lead driver or another vehicle is liable for the injured drivers’ damages.
1. Who is at fault in a rear-end collision?
In most rear-end motor vehicle accidents, the rear driver is at fault. Though in some cases, the crash can be caused by:
- the lead driver,
- another vehicle,
- a pedestrian, or
- poor road conditions.
In cases we see, rear-end accidents typically occur due to:
- Texting while driving,1
- Distracted driving (such as driving with headphones on, a violation of Vehicle Code 27400),
- Speeding, or
- Tailgating.2
In 2021 alone, there were 3,890,000 rear-end collisions in the U.S., which represent 47.1 of all crashes with other vehicles.3
2. What is negligence?
Negligence – which is the most common claim in car accident lawsuits – has three elements:
- The defendant owed you a duty of care,
- The defendant breached that duty of care, and
- This breach was a substantial factor in causing your injuries.4
When driving, the basic standard of care for drivers includes:
- Using reasonable care when driving,
- Keeping a lookout for pedestrians, obstacles, and other vehicles, and
- Controlling the speed and movement of the vehicle.
Failure to use reasonable care in driving a vehicle is negligence.5
3. When is the lead driver at fault?
The lead driver could be at fault in a rear-end accident through negligent or reckless driving, including:
- Pulling out in front of another car,
- Braking suddenly,
- Reversing into a car,
- Road rage,
- Intentionally trying to get hit,
- Drunk driving, or
- Driving with broken brake lights.
4. What if a driver in front brakes suddenly?
A lead driver who brakes suddenly is often to blame for an ensuing rear-end collision, especially if they:
- Drove a vehicle with broken brake lights,
- Intentionally slammed on the brakes to try and get hit for insurance fraud, or
- Slammed on the brakes recklessly because of road rage.
Though the rear driver can also be to blame if they were tailgating.6 There is no specific safe following distance. You may need to adjust the following distance based on:
- Nighttime driving,
- Wet road conditions,
- Heavier vehicle weight,
- Stop-and-go traffic,
- Loose gravel, and
- Soft brakes.
Rear drivers who were distracted could also be liable for a rear-end crash following sudden braking. Common causes of distracted driving are:
- Changing the radio,
- Looking at maps,
- Mapping directions,
- Putting on makeup or shaving,
- Eating while driving,
- Reading the newspaper,
- Watching a video,
- Adjusting the seat or steering wheel, or
- Lighting a cigarette.
5. What if a driver pulls out in front suddenly and gets hit?
This depends on the specific facts, such as:
- Vehicle speed,
- Road conditions,
- Failing to signal for turns and lane changes (Vehicle Code 22108),
- Traffic signals, and
- Lane markings.7
In cases we see, the rear driver is liable for the accident if they were not driving cautiously.
Meanwhile, the other driver is liable if they pulled into moving traffic across multiple lanes without signaling, crossed a solid yellow line, or made a left turn or U-turn without yielding right-of-way. 9
6. Multiple vehicle rear-end accidents
Many rear-end accidents involve multiple cars. This includes “chain reaction” rear-end collisions where the vehicle in the rear hits a car which then hits the car in front, and so on.
In multi-vehicle accidents, the cars that initially got into the accident are often blamed for the damage. However, a rear-end accident could be caused wholly, or in part, by:
- Another reckless driver,
- A vehicle brake manufacturer,
- Hazardous road conditions,
- An off-leash dog running out into the street, or
- A cyclist or pedestrian.
7. What are the damages?
In a rear-end collision lawsuit, you would pursue “economic damages” (damages that are easily calculated) such as:
- Medical bills (including medical equipment),
- Lost wages,
- Lost earnings,
- Car repair costs, and
- Legal bills,
- Any other out-of-pocket expenses related to the crash, such as vocational rehabilitation.
You would also pursue “non-economic damages” (damages that are difficult to calculate) such as:
- Loss of consortium,
- Disfigurement and scarring, and
- Pain and suffering.
If your family member was killed in the accident, you can pursue survivor damages and funeral expenses for wrongful death.10 In cases where the defendant committed a crime such as DUI causing injury, you may also be able to claim punitive damages.
The size of your settlement largely depends on the severity of your injuries and property damage:
| Severity of crash | Settlement estimate |
| Minor | Up to $25,000 |
| Moderate | $25,000 to $100,000 |
| Major | $100,000 and higher |
Other factors that determine the size of a settlement include:
- Your pre-existing medical conditions
- Insurance policy limits
- The court and judge presiding over the case
- Your percentage of fault (“comparative fault”)
- Cost of living, wage levels, and other economic factors
- Jury verdicts in similar cases
- Quality of your attorney and negotiation skills
For more discussion, see our article on the average settlement for a rear-end collision.
8. What if I was partly to blame?
Yes, because California is a “pure comparative fault” state. This means even if you were partly to blame for the accident, you can still recover damages – but your final payout will be reduced in proportion to your degree of fault.
Example: Two drivers were involved in a rear-end collision. The jury finds Driver A 20% liable for the accident and Driver B is 80% liable for the accident. Therefore, Driver A could recover 80% of the damages from Driver B, based on comparative fault.
9. Do I need a lawyer?
Yes, it is often advisable to seek the help of an attorney even if the accident was not your fault.
It is important to remember the role of the insurance adjuster and who the adjuster works for. The insurance company is interested in saving money and paying out as little as necessary.
The insurance company may try and deny the claim, or keep delaying any resolution so that you will finally just give in and accept whatever settlement is offered. Instead of accepting the insurance company’s low-ball settlement offer, talk to our experienced California personal injury lawyers.
We know the insurance companies’ tricks and how to fight back. Our network of caring California personal injury lawyers, car accident investigators, and medical experts will uncover all the evidence in your case so that you can get the compensation you are owed after an accident.
10. What if an uninsured driver rear-ended me?
Hopefully you carry uninsured and underinsured motorist (UMC/UIM) coverage, which is optional insurance that pays for damages when another driver is at fault for the accident but either:
- Has no automobile insurance, or
- Does not have enough coverage to pay for your damages.11
If you do not have UMC/UIM insurance, you could file a personal injury claim against the at-fault driver. However, if they did not carry insurance to begin with, chances are they do not have a lot of financial assets that would cover your damages after an accident.
11. What is the statute of limitations?
In most cases, you have two years in California to bring a personal injury lawsuit after a vehicle crash. If you are suing the government, the deadline is just six months.
Once the statute of limitations passes, you may be barred from recovering damages. However, the statute of limitations can be tolled (paused) in some scenarios, such as if the victim is a minor.12
12. What to do after an accident
Here are five steps to take after a car crash in California to maximize your recovery:
- DO NOT ADMIT FAULT!
- Get medical attention, and save all of your medical records and bills.
- Document the accident scene by taking videos and photos, writing down what you remember, and collecting the contact information of any eyewitnesses.
- Report the traffic accident to the DMV (unless police were at the scene).
- Contact a personal injury attorney right away.
Additional resources
For more information, refer to the following:
- Studies find automatic braking can cut crashes over 40% – Article by the Associated Press.
- Analyses of Rear-End Crashes and Near-Crashes in the 100-Car Naturalistic Driving Study to Support Rear-Signaling Countermeasure Development – Study by National Highway Transportation Safety Administration (NHTSA).
- A Collision Warning System for rear-end collision: a driving simulator study – Scholarly article in Procedia – Social and Behavioral Sciences.
- A Comparison of Tactile, Visual, and Auditory Warnings for Rear-End Collision Prevention in Simulated Driving – Scholarly article in Human Factors: The Journal of the Human Factors and Ergonomics Society.
- California Vehicle Code for rear-end collision – Article by our California car accident attorneys.
Legal References:
- California Vehicle Code 23123.5(a) (“A person shall not drive a motor vehicle while holding and operating a handheld wireless telephone or an electronic wireless communications device unless the wireless telephone or electronic wireless communications device is specifically designed and configured to allow voice-operated and hands-free operation, and it is used in that manner while driving.”)
- California Vehicle Code 22350 (“No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed which endangers the safety of persons or property.”). California Vehicle Code 21703 (“The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicle and the traffic upon, and the condition of, the roadway.”)
- Type of Crash, 2021, National Safety Council.
- See, for example, California Civil Jury Instructions (“CACI”) 400. See also California Civil Code section 1714(a) (“Everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person.”)
- CACI 700. Basic Standard of Care. (“A person must use reasonable care in driving a vehicle. Drivers must keep a lookout for pedestrians, obstacles, and other vehicles. They must also control the speed and movement of their vehicles. The failure to use reasonable care in driving a vehicle is negligence.“)
- California Vehicle Code 21703, see footnote 3 above.
- CACI 700, see footnote 5 above.
- California Vehicle Code 21801 (“(a) The driver of a vehicle intending to turn to the left or to complete a U-turn upon a highway, or to turn left into public or private property, or an alley, shall yield the right-of-way to all vehicles approaching from the opposite direction which are close enough to constitute a hazard at any time during the turning movement, and shall continue to yield the right-of-way to the approaching vehicles until the left turn or U-turn can be made with reasonable safety. (b) A driver having yielded as prescribed in subdivision (a), and having given a signal when and as required by this code, may turn left or complete a U-turn, and the drivers of vehicles approaching the intersection or the entrance to the property or alley from the opposite direction shall yield the right-of-way to the turning vehicle.”)
- CACI 704. Left Turns. See also CACI 705. Turning (“A driver must use reasonable care when turning or moving to the right or to the left.”)
- California Code of Civil Procedure 377.60 (“A cause of action for the death of a person caused by the wrongful act or neglect of another may be asserted by any of the following persons or by the decedent’s personal representative on their behalf: (a) The decedent’s surviving spouse, domestic partner, children, and issue of deceased children, or, if there is no surviving issue of the decedent, the persons, including the surviving spouse or domestic partner, who would be entitled to the property of the decedent by intestate succession.”)
- See also California Insurance Code 11580.1b
- California Code of Civil Procedure §335.1. CCP § 352(a). CCP § 341.