In a California personal injury case involving a rear-end collision during stop-and-go traffic, the rear driver (Driver B) is usually presumed to be at fault, unless they can prove otherwise. California law requires all drivers to maintain a safe following distance and be prepared for sudden stops—particularly in congested, stop-and-go conditions.
🚗 Legal Framework
- California Vehicle Code § 21703 – Following Too Closely “The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent…”
In stop-and-go traffic, a “reasonable and prudent” distance is one that allows the following driver to react to sudden braking. - Presumption of Fault in Rear-End Collisions
- Courts and insurers in California generally presume the rear driver is at fault in a rear-end crash, especially if there is no external factor (e.g., the front car reversing) to rebut that presumption.
- Negligence Per Se
- If Driver B violated § 21703 and caused a crash, that can be considered negligence per se, which makes it easier to establish legal liability.
💼 Damages You May Recover
As the injured party (Driver A), you may be entitled to compensation for:
- Medical expenses (e.g., whiplash, back injuries, concussion)
- Pain and suffering
- Lost wages and loss of earning capacity
- Vehicle repair or replacement
- Emotional distress
🧾 Evidence to Support Your Case
- Photos of the damage and traffic conditions
- Dashcam footage (showing traffic flow and impact)
- Witness statements (other drivers, passengers, bystanders)
- Police report (may cite Driver B or record their admission)
- Traffic or surveillance camera footage
- Medical records
✅ What to Do Next
- Seek medical care (even for minor injuries like whiplash)
- Get a police report
- Document the scene with photos/videos
- Exchange insurance and witness info
- Consult a personal injury attorney to ensure you’re treated fairly by the insurance company
Law Offices of James R. Dickinson – 909-848-8448
How To Schedule A Consultation:
Please call us at 909-848-8448 to schedule a free consultation/case evaluation or complete the form immediately below. [Please note certain formalities must be completed to retain the Law Offices of James R. Dickinson, such as the signing of a legal fee agreement [see “Disclaimers”]].