Rear-end collisions are one of the most common types of personal injury cases in California, and there are some important legal principles and processes to be aware of if you’re dealing with one. Here’s a rundown of what typically applies in a California rear-end accident personal injury case:
🔍 Legal Liability in Rear-End Collisions
In California, the rear driver is usually presumed to be at fault in a rear-end collision. This is because drivers are legally required to maintain a safe distance behind the vehicle in front of them. The legal basis comes from California Vehicle Code § 21703, which states:
“The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent…”
However, the presumption of fault can be rebutted. For example:
- The front driver made an unsafe lane change
- Sudden and unexpected stopping with no valid reason
- Brake lights weren’t working
💼 Personal Injury Claims
If you were injured in a rear-end accident, you may be entitled to compensation for:
- Medical expenses
- Lost wages
- Pain and suffering
- Vehicle damage
- Loss of earning capacity (if long-term injuries apply)
🧾 Evidence That Helps Your Case
To build a strong personal injury case, you’ll want to gather:
- Police reports
- Medical records
- Photos of the scene and damage
- Dashcam footage (if available)
- Eyewitness statements
- Repair estimates or invoices
⏳ Statute of Limitations
In California, the statute of limitations for most personal injury claims is:
- 2 years from the date of the accident
If the claim is against a government entity, the window may be as short as 6 months.
⚖️ Comparative Fault
California follows pure comparative negligence, meaning:
- Even if you were partly at fault, you can still recover damages
- Your compensation will be reduced by your percentage of fault
Example: If you were 20% at fault and your total damages were $100,000, you could still recover $80,000.
👨⚖️ When to Talk to a Lawyer
You should definitely consider a personal injury attorney if:
- You were seriously injured
- There’s a dispute about fault
- The insurance company denies your claim or lowballs you
Law Offices of James R. Dickinson – 909-848-8448
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