In California, if a driver is tailgating during heavy traffic and causes a collision because the lead vehicle brakes suddenly, this usually forms a strong basis for a personal injury claim based on negligence. Here’s how this typically plays out:
⚖️ Legal Overview: Tailgating & Rear-End Collisions in California
1. Duty to Maintain Safe Following Distance
California Vehicle Code § 21703 requires drivers to maintain a reasonable and prudent distance between vehicles, considering factors like traffic, speed, and road conditions. Tailgating during heavy traffic breaches this duty.
2. Breach of Duty: Tailgating
Driving too closely behind another vehicle — especially in heavy traffic where sudden braking is common — is considered negligence because it increases the risk of collision.
3. Causation: Sudden Braking by Lead Vehicle
The lead vehicle has the right to brake suddenly if necessary to avoid a hazard. The tailgating driver is responsible for maintaining enough distance to stop safely. If they fail, they cause the collision.
4. Damages
The injured party can claim compensation for:
- Medical expenses
- Lost wages
- Pain and suffering
- Property damage
- Emotional distress
📄 Evidence to Support Your Case
- Police Report citing tailgating or unsafe following distance.
- Witness Statements from other drivers or passengers.
- Photographs of vehicle damage and the accident scene.
- Dashcam or traffic camera footage if available.
- Medical Records documenting injuries.
- Expert testimony (if the case is disputed).
💰 Liability & Damages
- California courts generally presume the rear (tailgating) driver is at fault in rear-end collisions.
- The tailgating driver’s failure to adjust distance in heavy traffic strengthens the presumption of liability.
- Damages can include both economic losses (medical bills, lost income) and non-economic damages (pain, suffering).
⏳ Statute of Limitations
- Personal injury claims in California must be filed within 2 years from the date of the accident (California Code of Civil Procedure § 335.1).
✅ Steps to Take After a Tailgating Rear-End Collision
- Get Medical Care immediately, even for minor injuries.
- Report the Accident to the police and your insurance company.
- Gather Evidence: Take photos, record witness info, and collect the police report.
- Preserve Dashcam or Surveillance Footage if applicable.
- Consult a Personal Injury Attorney if injuries are serious or liability is contested.
Law Offices of James R. Dickinson – 909-848-8448
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