In a California personal injury case, if Driver B was distracted by their phone and rear-ended Driver A, Driver B is likely to be found at fault for the accident under California’s negligence laws.
Here’s a breakdown of how this would generally play out:
Liability
- Presumption of Fault: In rear-end collisions, the trailing driver (Driver B) is typically presumed to be at fault, because drivers are expected to maintain a safe following distance.
- Distracted Driving: If it’s proven that Driver B was using their phone (texting, calling, etc.) at the time of the crash, this strengthens the claim that they were negligent.
- California prohibits using handheld devices while driving (California Vehicle Code § 23123), so violating this law can support a claim of negligence per se (automatic negligence for breaking a safety law).
Damages Driver A Can Claim
If Driver A suffered injuries or vehicle damage, they may be able to recover compensation for:
- Medical expenses
- Lost wages
- Property damage
- Pain and suffering
- Loss of consortium (in more serious cases)
Evidence to Support Driver A’s Claim
- Police report stating cause of accident
- Phone records showing Driver B was on their phone
- Eyewitness or dashcam footage
- Photos of the damage and injuries
- Medical reports
Comparative Negligence
Even though Driver B is likely at fault, California follows a pure comparative negligence rule. If Driver A was partly responsible (e.g., sudden stop without reason), their damages may be reduced by their percentage of fault.
Law Offices of James R. Dickinson – 909-848-8448
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