California Rear-End Accident Lawyers
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California Rear-End Accident Lawyers Helping Crash Victims Seek Compensation
Rear-end accidents are among the most common types of car accidents in the state of California. Speeding is a cause that’s commonly attributed to these types of road incidents. Data from Berkeley SafeTREC shows that rear-end collisions make up about 35.7% of speeding-related fatal and severe injury crashes in 2021. Areas where there’s active traffic and a higher number of vehicles on the road see more traffic accidents.
Some rear-end accidents cause only minor injuries that resolve on their own after a few days of discomfort. However, more serious collisions can lead to severe injuries that can affect a victim for years to come. Some victims never fully recover from the injuries they sustain in a rear-end car accident.
If you were injured in a rear-end crash, call us at (888) 488-1391. Our California rear-end accident lawyers offer free initial, no-obligation consultations where you can discuss your case and learn about potential legal options.
Our Los Angeles-based law firm also serves Sacramento, Stockton, Modesto, Fresno, Visalia, Santa Barbara, Santa Maria, San Luis Obispo, San Diego, Bakersfield, San Francisco, Oakland, San Jose, Monterey, Salinas, Eureka, Chico, Redding, and the rest of California.
What Is A Rear-End Accident?
A rear-end accident occurs when one vehicle collides with the vehicle immediately in front of it. In such a collision, the leading vehicle experiences a momentary acceleration while the rear-positioned vehicle experiences a momentary deceleration. Because the leading driver usually has no ability to prevent the collision, a rear-end accident is often (but not always) the fault of the rear driver.
In every scenario, it is important to understand who is legally responsible for causing an accident so that you can file the proper insurance and legal claims.
What To Do After You Are Rear-Ended In California
Protect Your Health
The most important considerations after any motor vehicle accident should be your safety and health. Get off the road to a safe spot where you will not be in the way of oncoming traffic. Collisions can lead to secondary accidents, especially when onlookers don’t pay attention to the road.
Once you are in a safe location, call 911 and be sure that everyone on the scene is out of harm’s way. Let the emergency medical technicians evaluate your injuries and determine if you need to go to the hospital in an ambulance.
See Your Physician
If you do not feel the need to go to an emergency department or urgent care facility, you should still follow up with your primary care physician as soon as possible. Only a qualified medical professional can give you a clean bill of health. It is also important to get your symptoms diagnosed and treated as soon as possible.
Untreated injuries can worsen and expose you to unnecessary pain and suffering. They may also compromise your claim. Getting medical treatment as soon as possible after the accident can help document the direct link between the crash and your injuries.
Contact A California Rear-End Accident Lawyer
Once you have addressed your immediate medical needs, meet with a qualified attorney to find out what steps you can take to protect your legal rights. Once you find the right lawyer for your case, they can assist you with seeking compensation for your damages. Skilled attorneys can also prepare you and guide you through potential disputes that might arise during the process.
For example, did you know that insurance companies can routinely check injury victims’ social media accounts? They can look for evidence that the victim may not be as badly hurt as they claim. Even a casual gym selfie could be used by the other side to argue that your injuries are not as serious as claimed.
Common Causes Of Rear-End Accidents In California
There are several common causes of rear-end car accidents besides speeding. Here are some of them:
- Distracted Driving — This is one of the most dangerous behaviors a driver can engage in. Smartphones, navigation systems, and built-in entertainment systems are now commonplace. Almost every driver has one (or all three) in the vehicle at all times. It is important to resist the temptation to use these devices while driving – especially if you are in heavy traffic that is starting and stopping frequently. Aside from electronic devices, pets and children can compete for a driver’s attention inside the car.
- Tailgating — Following other vehicles too closely is common throughout California. Our heavy traffic leads many drivers to become impatient and ignore common sense. Safety requires that you leave enough room between your vehicle and the vehicle ahead of you. You must also maintain your speed so that you are able to stop suddenly in the event of an emergency.
- Reckless Driving — Speeding, following too closely, running red lights, street racing, and other dangerous behaviors can also lead to rear-end collisions. In addition, reckless drivers can be charged with a crime and face a suspension of their driver’s license. Do not engage in driving behaviors that put other road users at risk. If you encounter an aggressive driver, do not attempt to speed up or “beat them” on the road.
- Driving under the Influence of Drugs or Alcohol — According to the National Highway Traffic Safety Administration (NHTSA), about 34 people die every day in the United States in drunk-driving crashes. Far more than this are people who are seriously injured by drunk drivers. In addition to criminal penalties, drunk drivers may be held financially responsible for the victim’s losses in a civil claim.
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Common Injuries In Rear-End Collisions
As experienced rear-end injury lawyers, we have seen many different types of auto accident injuries. Identifying the injuries from a rear-end collision is important for receiving proper medical care and for presenting evidence of your losses to an insurance company, judge, or jury. Here are some of the most common injuries auto accident victims sustain in a rear-end collision:
Whiplash
According to the Mayo Clinic, whiplash is a neck injury caused by rapid, forceful back-and-forth movement of the neck (like the cracking of a whip). It is especially common in rear-end accidents. Minor cases of whiplash can sometimes resolve on their own after a few days of treatment with rest and pain relievers. More severe cases can lead to chronic neck pain and other complications that can last for years.
Here are some of the common symptoms of whiplash:
- Neck pain and stiffness
- Worsening of pain with neck movement
- Loss of range of motion in the neck
- Headaches
- Tenderness or pain in the shoulder, upper back, or arms
- Tingling or numbness in the arms
- Fatigue
- Dizziness
- Blurred vision
- Ringing in the ears (tinnitus)
- Sleep disturbances
- Irritability
- Difficulty concentrating
- Memory problems
- Depression
Having a doctor check your symptoms and treat whiplash can help rule out more serious neck problems (such as broken vertebrae or a damaged spinal cord). This is why it is important to seek medical attention any time you experience neck pain after a car accident.
Spinal Injuries
Spinal injuries can dramatically affect a victim for the rest of their life. The most serious spinal injuries can result in death or paralysis. Paralyzed car accident victims may face substantial medical expenses over the course of their lives, with costs varying significantly based on the severity of their injury and required care. They often require renovations and other modifications to make their homes accessible for wheelchairs and other medical equipment.
Paralysis victims also face health challenges that may affect life expectancy. Research has shown that life expectancy can vary based on the severity and level of injury, with more severe injuries generally associated with greater health risks.
Brain Injuries
Brain injuries are serious and costly. Because the brain controls so many vital body functions, brain injuries can quickly become deadly. Victims who survive such an injury often have their lives changed in painful and dramatic ways, and may become unable to work like they did before.
Victims may also lose memories and become unable to recognize family, friends, or even their spouse. Some can even experience personality changes. Depression, anxiety, irritability, and other behavioral symptoms are also common. Most victims of serious brain injuries find that their lives are never the same.
Here are some common symptoms of a concussion:
- Memory problems
- Confusion
- Drowsiness or feeling sluggish
- Dizziness
- Double vision or blurred vision
- Headache
- Nausea or vomiting
- Sensitivity to light or noise
- Balance problems
- Slowed reaction to stimuli
If you believe you are suffering from any of these symptoms after a rear-end accident, visit a doctor who can determine if there is a concussion, and if so, how to treat it. A doctor can also rule out other critical brain conditions (such as internal bleeding).
Bone Fractures
Bone fractures, even simple ones, can be costly to treat. Casts, follow-up visits, consultations with orthopedic specialists, and other medical bills can add up quickly. This is in addition to lost wages from any time you missed from work due to your injuries. Broken bones render many car accident victims unable to work, especially in jobs that require intense physical labor.
Internal Bleeding
Any bleeding can quickly become a life-threatening condition if it is not stopped quickly. Internal bleeding can be especially dangerous because a victim is usually not aware of internal bleeding until they show signs of serious blood loss. At this point, the patient’s condition is already critical.
This is why it is so important to see a doctor as soon as possible after a rear-end collision. Even if you do not feel hurt, you may still have internal injuries that can only be detected by medical professionals and imaging equipment.
Vehicle Damage Caused By Rear-End Collisions
In addition to seeking damages for medical expenses and pain and suffering, auto accident victims may be able to claim compensation for property damage. Your vehicle can be damaged in many different ways during a rear-end collision. These losses, whether large or small, may be recoverable from the party deemed to be liable for the accident.
In many cases, you can pursue having your car restored to its pre-accident condition. Whether the damage to your vehicle is cosmetic or functional, you may be eligible to file a claim for the cost of repair or replacement.
Here are just some of the many ways your car can be damaged in a rear-end collision:
Trunk Malfunctions
A rear-end accident can cause significant damage to the back of your car. Because of this, a malfunctioning trunk is a common problem to encounter after being rear-ended. Even if your trunk looks fine, be sure to keep an eye out for the following issues:
- The lid opens unexpectedly.
- The trunk will not close or lock properly.
- Water gets into the trunk compartment.
- The trunk will not open properly.
If you can see damage to the trunk, such as paint transfer or loose pieces, these are signs that the trunk has sustained damage. You should thoroughly check the trunk’s function when you see these indicators.
Misaligned Wheels
If you are a driver, you may be able to easily detect problems with the wheels and tires as they are among the most obvious of all mechanical problems. Tire damage can result in noise, vibration, and steering difficulty. If you sense any of these problems, pull over to a safe spot. Having a wobbly, loose, or unresponsive steering wheel can also be a sign of misaligned wheels or tire damage.
Electrical Problems
A rear-end collision can also damage your vehicle’s electrical system. Many of your vehicle’s parts are controlled electronically. These components include your sound system, headlights, brake and taillights, automatic locks, automatic windows, navigation, and many other systems.
Damage to any of these systems can be an indicator of an electrical failure. A dead or weak battery might also be a sign that damage has occurred.
Liability For Rear-End Collisions
Liability for a rear-end accident is typically assigned to the driver of the rear vehicle. These collisions are often caused by following too closely, driving too fast, having worn-out brakes or tires, or simply not paying attention. These are factors that are in the rear driver’s control – not the front driver’s. Insurance companies investigate rear-end accidents by examining whether the front driver took any actions that may have contributed to the collision. Common examples include:
- Reversing suddenly.
- Abruptly stopping to make a turn and failing to complete the turn.
- Not having working brake lights.
- Failing to pull over and engage the warning lights when you break down.
- Being impaired by drugs, alcohol, or any combination thereof.
Speeding
One of the most common reasons a driver will be held liable for rear-ending another vehicle is speeding. Proving liability may be more straightforward if the rear-position driver was traveling faster than the posted speed limit. Drivers can also cause accidents if they do not adjust their driving to road conditions.
Section 22350 of the California Vehicle Code (CVC) states: “No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed which endangers the safety of persons or property.”
Many states’ traffic laws contain this “reasonable and prudent” language, which means drivers must slow down for various conditions, such as rain, snow, fog, that make it dangerous to travel at the posted speed limit. This type of failure to adjust speed for conditions is often examined as potential negligence in rear-end collision cases.
Following Too Closely
Unlike the posted speed limit, there is no specific safe following distance. A safe following distance typically depends on the road conditions at the time. For example, a driver may need to adjust their following distance based on:
- Nighttime driving
- Wet road conditions
- Heavier vehicle weight
- Stop-and-go traffic
- Loose gravel
- Soft brakes
Section 21703 of the CVC states: “The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicle and the traffic upon, and the condition of, the roadway.” Thus, just like how you control your speed, carefully control your following distance based on the conditions in which you are driving.
Statistical Information On Rear-End Collisions
Injuries due to rear-end accidents should not be taken lightly, as the numbers can be a significant matter to many people, especially motorists. Some of these figures include the following:
- According to the National Safety Council (NSC), rear-end collisions caused around 3,300 deaths in 2023. That number represents 17% of collisions with other vehicles that year.
- The fourth most common type of motorcycle accident resulting in death or serious injury in 2021 was rear-end crashes.
- Rear-end collisions with a moving vehicle accounted for 7.2% of all fatal crashes in 2022.
While rear-end collisions can be prevented, there is still a possibility that you or your loved one can get caught in such an accident. In this case, contact our rear-end accident lawyers so they can assess your situation and provide reasonable legal options when you choose to claim damages.
Frequently Asked Questions About Rear-End Accidents In California
What Happens After A Multi-Vehicle Rear-End Accident?
Rear-end collisions involving multiple vehicles often create a “chain reaction,” where one car is pushed into the next. Determining liability for these incidents can be more complex than in a two-car rear-end accident.
In most cases, each driver who rear-ends another vehicle is presumed to be at fault for the damage to the car directly in front of them. Under general liability rules:
- The front vehicle in the chain is usually not liable, unless its own negligence contributed to the crash.
- The last driver in the chain may bear the greatest share of responsibility, since their initial impact often sets off the sequence.
In some cases, liability is not always straightforward. Rear-end accident lawyers, courts, and insurers consider all contributing causes, such as:
- Sudden or unsafe driving behaviors (e.g., cutting in without signaling).
- Hazardous road conditions (e.g., ice, poor signage).
- Negligence by third parties (e.g., a construction company leaving debris on the roadway).
- Mechanical failures (e.g., brake defects)
Because of these factors, fault in multi-vehicle rear-end accidents may be divided between multiple parties. Investigations typically rely on police reports, witness statements, traffic cameras, and accident reconstruction experts.
Who Is At Fault If A Driver Pulls Out In Front Suddenly And Gets Hit?
In this scenario, either the driver who pulls out suddenly or the driver who fails to stop in time could be at fault for the accident. They could also be partly at fault for the accident. These incidents can depend on the specific facts of the accident, including:
- Vehicle speed
- Road conditions
- Failing to signal for turns and lane changes
- Traffic signals
- Lane markings
If the rear driver is not driving cautiously, including speeding, the rear driver may be liable for the accident. However, if the other driver gets rear-ended after merging into moving traffic across multiple lanes, changes lanes without signaling, or crosses a solid yellow line, they may be liable instead.
Can I File A Lawsuit If I Was Partly To Blame For My Accident?
California is a “comparative fault” state. This means plaintiffs can still file a lawsuit even if they are partly to blame for the accident. Under California’s comparative fault law, fault can be divided between the parties involved. The injured party may be able to recover damages based on the level of fault of the other parties.
Suppose two drivers were involved in a rear-end collision, and a jury decides on the question of liability. The jury finds Driver A 20% liable for the accident, and Driver B is 80% liable. Based on comparative fault, Driver A may recover 80% of the damages from Driver B.
If you get rear-ended, determining the percentage of liability may not be so straightforward in many cases. Seeking legal advice from a car accident lawyer after you get involved in a rear-end collision may provide you with clarity about your next move.
What If A Rear-End Collision Was Caused By Faulty Brakes?
In this scenario, liability will depend on why the brakes were faulty. If the driver did not properly maintain his or her vehicle, this may qualify as negligence. If a collision occurs, the driver may be at fault. In this scenario, a product liability claim may be brought against the auto manufacturer.
Consumer products sold in the United States are subject to “strict liability” laws, which can allow an injured party to file a personal injury claim against a product manufacturer without having to prove the manufacturer was negligent. The victim can file these claims against any company that was part of the “stream of commerce.”
In the case of defective brakes, the injury victim can consider suing the auto manufacturer, the manufacturer of the brakes, or even the dealer that sold the faulty vehicle.
What Should I Do If I Am Hit From The Rear By An Uninsured Driver?
You may be entitled to compensation under your own auto insurance policy if you have purchased certain optional coverages, such as the following:
- Medical payments coverage (Medpay) allows reimbursements for medical bills incurred in an auto accident, regardless of who is at fault.
- Uninsured (UM) and underinsured motorist (UIM) coverage offers compensation for damages caused by a driver who either has no automobile insurance or has policy limits below the total amount of your damages.
Because these optional coverages are beyond the minimum legal requirements for California auto insurance, drivers may choose not to purchase them. However, this can leave you with little or no compensation at all in the event you are hit by a driver who does not have insurance. Having a detailed conversation with your insurance agent about the pros and cons of these optional coverages can help you make an informed decision regarding your insurance options.
Will My Auto Insurance Rates Go Up If I File A Medpay Or A UM/UIM Claim?
Medpay, UM, and UIM coverage are no-fault coverages. This means that typically, your insurance rates should not increase when using these coverages when you are not the at-fault driver.
Your auto insurance premiums can, however, go up for many other reasons. If you change addresses, different insurance rates can apply. If you change your selected coverages, your premium payment can also be affected. Speak with your insurance agent if you have any questions about your auto insurance premiums.
Schedule A Case Evaluation With Our California Rear-End Accident Lawyers
If you’ve been injured in a rear-end accident caused by someone else, we are here to listen and help. Our firm supports injury victims. We explain the process clearly so you understand your options at every step. While we cannot guarantee a particular outcome, we will work to protect your rights and pursue fair compensation.
If you are an accident victim in San Francisco, Riverside, San Jose, San Diego, Sacramento, Sherman Oaks, or anywhere in California, our rear-end accident lawyers can assess your legal options. Call (888) 488-1391 to schedule your free initial consultation with one of our attorneys.
