If You Rear End Someone, Is It Always Your Fault in California?

Regardless of where they occur, rear-end car accidents are generally assumed to be the fault of the driver who hit the car in front of them. However, that’s not always the case in California.

The state’s comparative negligence rule allows both parties involved in a collision to pursue compensation regardless of who’s mainly at fault. The rule ensures that fault is determined by the specifics of each accident, allowing for a more nuanced determination of liability.

Shared Fault Under Comparative Negligence

Under the concept of comparative negligence, the fault for a crash is divided among everyone involved based on their respective degree of negligence. Even if the rear-ending driver is found to be mostly at fault, the lead driver might also be assigned a percentage of the blame if the court decides their actions contributed to the collision.

There are various scenarios where the driver in the front could bear partial or even full responsibility, such as:

  • Sudden Stops: The lead driver makes an unexpected stop without a legitimate reason
  • Brake Light Malfunction: The front vehicle’s brake lights don’t working properly or at all, meaning the rear driver doesn’t have enough warning to stop in time
  • Reverse Gear: The driver in front shifts into reverse and backs into the driver behind them
  • Road Hazards: The driver in front swerves erratically to avoid an obstacle or because they’re impaired, causing the other driver to crash into them

When determining fault in a rear-end collision, California courts and insurance companies take a number of factors into consideration.

If either driver has violated traffic laws, such as tailgating or brake checking, their behavior will serve to determine the percentage of fault they bear. Eyewitnesses can offer critical insights into the actions of both drivers in the moments leading up to the accident.

Video evidence from nearby surveillance systems and dashcams can also provide an unbiased account of what happened. Similarly, police reports summarize the chain of events with an objective perspective and provide further detail on any citations that were issued at the scene.

How Shared Fault Can Impact Your Insurance

When fault is divided among drivers, insurance companies will adjust their compensation awards accordingly.

For instance, suppose that the rear diver is deemed 70% at fault, and the lead driver is deemed 30% at fault. Each driver’s compensation will be reduced by those respective percentages, ensuring that they pay for their share of the damage.

Shared fault can significantly impact your insurance rates in a similar manner.

Your premiums are almost guaranteed to go up since insurance companies consider drivers with an accident history to be higher risks. The extent of the rate hike will depend on several considerations, such as your provider’s specific policies and the severity of the crash.

Rear-End Collision Safety and Prevention

Not all rear-end accidents can be avoided. However, there are things you can do to minimize your chances of being in one and protect yourself if it happens to you:

  • Keep a safe distance from the car in front of you so you have ample time to react to sudden stops or changes in traffic flow
  • Stay focused on the road and avoid using your phone or doing anything else that might take your attention off driving
  • Make sure your brake lights and other safety features are working properly by keeping up with regular maintenance
  • Install a dashcam so you have unbiased evidence that will help clarify what happened in an accident and who was at fault

Above all, remember that defensive driving is the best thing you can do to stay safe on the road. You need to be prepared for other drivers who may not follow traffic laws the way they should.

Take Control of Your Safety

In California, rear-end collisions aren’t always straightforward in terms of fault. Understanding the laws around comparative negligence can help you better navigate the aftermath of an accident and pursue the compensation you deserve.

Since 1992, our personal injury attorneys at the Pines Salomon Injury Lawyers, LLP. have been fighting for the people of San Diego. Now, when those injured in automobile accidents – including car, truck, and motorcycle accidents – need financial help, or for the families that need to know that the loss of a loved one could have been prevented, there is a personal injury law firm in San Diego that is on their side. If you or a family member has been injured, call the lawyers at Pines Salomon Injury Lawyers, LLP. There’s never been a better time than right now to speak to a personal injury attorney—FREE of charge. Call us at 858-551-2090 or request a free consultation online today!