In California, if a driver is tailgating during heavy traffic and rear-ends a vehicle that brakes suddenly, the trailing driver is typically presumed at fault under California Vehicle Code § 21703. This law prohibits following another vehicle more closely than is reasonable and prudent, considering factors like speed, road conditions, and traffic.
Liability in Rear-End Collisions
In rear-end collisions, the trailing driver is usually presumed negligent. However, this presumption can be rebutted if the lead driver engaged in negligent behavior, such as:
- Sudden or unnecessary braking
- Having malfunctioning brake lights
- Reversing into traffic
- Making an unsafe lane change
- Engaging in “brake checking” or other aggressive behaviors
In such cases, the lead driver may share or bear full responsibility for the accident.
California’s Comparative Fault System
California follows a pure comparative fault system, meaning that if both drivers share responsibility for the accident, each driver’s compensation is reduced by their percentage of fault. For example, if a jury finds the trailing driver 70% at fault and the lead driver 30% at fault, the trailing driver can still recover 30% of their damages, while the lead driver can recover 70% .
Legal and Financial Implications
Violating § 21703 can result in a $238 fine and one point added to the driver’s DMV record. Accumulating points can lead to increased insurance premiums and potential license suspension .
Conclusion
While the trailing driver is often presumed at fault in rear-end collisions, this presumption can be challenged if the lead driver’s actions contributed to the accident. Understanding the nuances of California’s traffic laws and comparative fault system is crucial for determining liability and seeking appropriate compensation in personal injury cases.
Sources
Law Offices of James R. Dickinson – 909-848-8448
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