If Driver B was tailgating Driver A and then failed to stop in time, causing a crash, Driver B is almost certainly at fault under California personal injury law. This scenario is a textbook example of negligence due to following too closely and failing to maintain a safe distance.
📌 Legal Overview: California Law
- California Vehicle Code § 21703: States that a driver “shall not follow another vehicle more closely than is reasonable and prudent.” Tailgating is a clear violation of this law.
- Negligence Per Se: If Driver B violated this law and caused an accident, that violation can be used as automatic evidence of negligence.
🚗 Who’s Liable?
- Driver B is presumed at fault, especially in rear-end collisions caused by tailgating.
- Driver A would not be liable unless they acted unpredictably or stopped suddenly without cause, which is rare and hard to prove.
💼 What Driver A Can Recover (Damages)
- Medical expenses
- Lost wages
- Pain and suffering
- Car repair/replacement
- Future medical treatment
- Emotional distress
🔍 Evidence That Helps Driver A
- Police report stating Driver B was tailgating
- Photos of rear-end damage
- Dashcam or traffic camera footage
- Eyewitness accounts
- Any admission by Driver B (e.g., “I was too close”)
⚖️ Comparative Negligence (Less Likely Here)
California uses pure comparative negligence, so even if Driver A were 10% at fault, their recovery would be reduced by that amount. But in tailgating cases, Driver B typically bears 100% of the fault.
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