When distracted driving causes a driver in California to fail to notice that the vehicle in front has stopped—resulting in a rear-end collision—it typically forms a solid basis for a personal injury claim based on negligence. Here’s what that looks like legally:
⚖️ Legal Framework: Distracted Driving & Rear-End Collisions in California
1. Duty of Care
Every driver in California has a duty to operate their vehicle safely and attentively, which means avoiding distractions (e.g., texting, phone use, eating).
2. Breach of Duty
Distracted driving—such as texting or looking away—violates this duty by impairing the driver’s ability to react to traffic conditions.
3. Causation
If the driver’s distraction caused them not to notice the stopped vehicle ahead and led to a collision, this establishes a direct causal link.
4. Damages
The injured party can claim damages for:
- Medical bills
- Lost income
- Vehicle damage
- Pain and suffering
- Emotional distress
📄 Supporting Evidence
- Police Report: Often notes driver distraction or cites it as a factor.
- Witness Testimony: Passengers, other drivers, or bystanders who observed distracted behavior.
- Cell Phone Records: Can show phone usage at the time of the accident.
- Dashcam Footage: Reveals driver behavior prior to collision.
- Medical Records: Document injuries sustained.
- Expert Testimony: Accident reconstruction experts can demonstrate how distraction caused the crash.
💰 Liability and Damages
- California law often assigns fault to the distracted driver since they failed to maintain proper attention.
- The plaintiff can seek compensation for both economic and non-economic damages.
- California’s pure comparative negligence rule allows damages to be reduced proportionally if the injured party bears any fault.
⏳ Statute of Limitations
- 2 years to file a personal injury lawsuit in California (California Code of Civil Procedure § 335.1).
✅ What to Do After an Accident Involving Distracted Driving
- Seek medical treatment immediately, even if injuries seem minor.
- Report the accident to law enforcement and obtain a copy of the police report.
- Document evidence: Take photos, collect witness information, and preserve any video footage.
- Obtain cell phone records if distraction is suspected.
- Consult a personal injury attorney experienced in distracted driving cases.
Law Offices of James R. Dickinson – 909-848-8448
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