In a California personal injury case involving a rear-end collision where Driver A tailgates and rear-ends Driver B at a stoplight, the law generally presumes Driver A is at fault. Here’s how that breaks down under California law:
Legal Overview:
1. Presumption of Negligence (Rear-End Collision)
California Vehicle Code § 21703 requires drivers to maintain a safe following distance. When Driver A rear-ends Driver B, courts usually assume Driver A was negligent, unless compelling evidence shows otherwise.
2. Tailgating
Tailgating itself is a traffic violation in California and is seen as evidence of negligence. If it’s proven that Driver A was following too closely, it strengthens Driver B’s case.
3. Comparative Negligence
California follows a pure comparative negligence system. Even if Driver B were partially at fault (e.g., suddenly stopping without reason), they could still recover damages, though their compensation might be reduced in proportion to their share of fault.
Potential Compensation for Driver B
If Driver B is injured, they may be entitled to damages such as:
- Medical expenses (past and future)
- Lost wages
- Pain and suffering
- Property damage
- Emotional distress
What to Do Next (if you’re involved or advising someone):
- Seek medical attention immediately.
- Document the scene (photos, witness contact info).
- Notify insurance and/or Consult a personal injury attorney, especially if there are injuries or disputes over liability.
Law Offices of James R. Dickinson – 909-848-8448
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