In California, rubbernecking—when drivers slow down or become distracted while passing an accident scene—can lead to rear-end collisions and may give rise to personal injury claims based on negligence. These cases involve driver inattention and unsafe driving behaviors, even though the distraction stems from another incident.
⚖️ Legal Framework: Rubbernecking & Rear-End Collisions in California
1. Negligence Due to Inattention or Distraction
Drivers are required to:
- Stay alert and maintain attention on the road ahead
- Avoid distractions, including looking at off-road events like crash scenes
- Drive at a speed that is safe for the conditions (California Vehicle Code § 22350)
Failing to do so—such as slowing abruptly or drifting while rubbernecking—can constitute negligent driving.
2. Rear-End Collision Presumption
- The rear driver is usually presumed at fault in rear-end collisions (per California case law), but that presumption can be rebutted.
- If the front driver slowed or stopped suddenly without reason in flowing traffic (e.g., excessively rubbernecking), they may share or bear fault.
3. Comparative Fault
California applies pure comparative negligence:
- Each driver is assigned a percentage of fault.
- Damages are reduced by the injured party’s share of liability.
- For example, if a rubbernecking driver is 70% at fault and the rear driver is 30%, damages awarded to either will be reduced accordingly.
📄 Key Evidence in a Rubbernecking Case
- Police report indicating rubbernecking or distraction as a contributing factor
- Dashcam footage showing driving behavior before the collision
- Eyewitness accounts from other drivers or passengers
- Traffic cam or surveillance video
- Event Data Recorder (EDR) data on vehicle speed and braking
- Photos of the crash scene showing traffic flow, location of original accident, and vehicle damage
💰 Recoverable Damages
- Medical expenses (current and future)
- Lost wages
- Pain and suffering
- Vehicle repair/replacement
- Loss of earning capacity
- Emotional distress
⏳ Statute of Limitations
- 2 years to file a personal injury claim in California (Cal. Civ. Proc. Code § 335.1)
✅ What to Do After a Rubbernecking-Related Collision
- Call 911 and seek medical attention.
- File a police report at the scene.
- Document the scene, traffic conditions, and other ongoing incidents.
- Get contact info for witnesses and take photos/videos.
- Contact a personal injury attorney if there are injuries or fault is disputed.
Law Offices of James R. Dickinson – 909-848-8448
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