California Rear-End Collision Laws
California’s Vehicle Code decides who is responsible for a rear-end collision, and in most cases it points to the driver in back. That presumption is not automatic, though. Sudden stops, broken brake lights, and chain-reaction crashes can all shift fault, and the other driver’s insurance company will look for any reason to do it. If you were hurt after being rear-ended, Cutter Law offers a free case review. Call 888-285-3333 or fill out the form below to talk with a car accident attorney about your claim.
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- CVC 21703 bars following another vehicle more closely than is reasonable and prudent, which is why the rear driver is usually found at fault in a rear-end collision.
- Fault can shift to the front driver if they stopped suddenly without signaling, reversed, or were driving with broken brake lights.
- In a chain-reaction crash, the driver who started the collision is usually responsible for the damage to every car ahead.
- California follows comparative fault, so you can still recover compensation if you share some of the blame. Your award is reduced by your percentage of fault.
- You generally have two years from the crash to file an injury lawsuit, and you must report it to the DMV within 10 days if anyone was hurt or damage exceeds $1,000.
What Is CVC 21703?
California Vehicle Code 21703 is the state’s following distance law. It says a driver “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.”
The law does not set a specific distance. A safe gap on a dry, empty road can be too close in rain or stop-and-go traffic. The California Driver Handbook recommends leaving at least three seconds between you and the car ahead, and more in bad conditions.
Because the rear driver is expected to leave enough room to stop, hitting someone from behind is usually treated as evidence of following too closely. If the other driver or their insurer claims you stopped short, the police report, witness statements, and photos of the scene become key to showing who was really at fault.
Other California Vehicle Codes That Affect Fault?
Following too closely is the most common reason a rear driver is found at fault, but several other traffic laws can shift some or all of the blame.
| Code section | What it means in a rear-end crash |
|---|---|
| CVC 22109: Sudden stops | A driver can’t stop or suddenly slow down without signaling first when there’s a chance to do so. A front driver who brake-checks or stops for no reason may share fault. |
| CVC 22350: Basic speed law | Drivers must go a speed that is reasonable for the conditions. Driving at the posted limit in fog or heavy traffic can still be too fast. |
| CVC 22400: Minimum speed | A driver can’t go so slowly that they block normal traffic, unless slowing is needed for safety or to follow the law. |
| CVC 22100.5: U-turns | At an intersection with traffic signals, a U-turn is allowed only on a green light or arrow when no sign prohibits it, and only from the far left lane. |
| CVC 21750(a): Passing | Drivers must pass on the left at a safe distance. Cutting back in too close and then braking can shift fault to the passing driver. |
Fault in a Rear-End Collision in California
The California Vehicle Code is long and full of legal jargon. We do not expect you to know all of it, so here are the basics that matter after a rear-end crash. We do not expect you to understand all the ins and outs, and we want to help break it down to the basics if you are in an accident.
California law generally holds the rear driver at fault in rear-end collisions. However, if the front driver violates part of the code, they may be at fault. These violations include but are not limited to:
- Slamming on the breaks suddenly for no valid reason
- Broken vehicle brake lights
- Front driver going into reverse
- Cars not moved to the side of the road when they have mechanical problems
Every situation is different, and some cases are hard to decide. Fines for at-fault citations, vehicle repair, and medical bills after an accident can add up. If you sustained injuries because a driver behind you violated the code, we can help you.
If three or more cars are involved in the accident, the driver who initiated the contact is at fault unless the driver in front was brake-checking. Brake-checking is when a driver presses on the brakes unexpectedly to affect the car behind them. If a driver hits the middle car, causing it to rear-end the front car, the initial driver is most often responsible.
The Legality of Tailgating in California
Tailgating, or following too closely, falls under Section 22400. It is illegal to impede or block the normal and reasonable traffic flow. If your vehicle slows down or comes to a stop due to compliance with the law, mechanical issues, or the terrain of the road, it is considered legal.
What to Do After a Rear-End Collision
Car accidents are scary, no matter how big or small. After an accident, you may panic or feel foggy. We encourage you to do the following after an accident to obtain accurate evidence.
Immediately seek medical attention for anyone injured
This is a priority, and you can move cars and disrupt the scene to help treat the injured.
Call 911 or the Police
Many people exchange insurance information in small accidents like rear-end collisions, but we encourage you to remain at the scene until authorities arrive and take witness statements. If you must sue for damages, the police report will be extremely important.
An accident qualifies as a hit-and-run if the at-fault driver flees the scene, and you must notify the police within a certain period to file a report.
Gather Information
Collect the following information from all involved and any witnesses:
- Addresses
- Names
- Phone numbers
- Driver license number
- License plate number
- Vehicle identification number
Take Photos
Be sure to get clear photos of the damage and the scene. Include anything that affected the accident, such as visual obstacles or traffic controls.
Next Steps
After the dust has settled from the accident, you can call the at-fault driver’s insurance company and file a claim. Be aware that the insurance company may not give you the compensation you deserve; that is where a California rear-end collision law firm can help.
If anyone was injured or killed, or property damage is more than $1,000, each driver must file an SR-1 report with the DMV within 10 days, whether or not police came to the scene. Failing to file can lead to a license suspension.
Contact the Rear End Accidents Lawyers at Cutter Law P.C.
Understanding the California Vehicle Code (CVC) is important when you are in an accident. At Cutter Law, we have extensive experience in rear-end collision law, and we understand the California Vehicle Code. We serve those who have been in a car accident and have not received the compensation they deserve. Our California rear-end law attorneys can advise you on your case and fight for the compensation you deserve for injuries, repairs, and other expenses.
We provide a free case review for anyone injured in an accident. Contact an attorney at our firm today to determine if you have a case.
I hired John Roussas at Cutter Law to resolve a case involving a motor vehicle accident, in which my wife were rear-ended. The counter party’s insurance company offered a settlement under $1000 even though medical bills totaled several thousand dollars.
John and his team did an exceptional job resolving the case, that ultimately resulted in a settlement significantly higher than the initial offer; they acted professionally and efficiently, were accessible, and easy to communicate with. I highly recommend John and his team and would hire them again if the need arose.
FAQs
What Are Common Car Accident Injuries?
Head injuries are common in car accidents and may manifest immediately after the accident or not for several weeks. If you fear you have a head injury after an accident, always seek medical help.
Other common injuries caused by car accidents include but are not limited to:
- Neck injuries
- Back injuries
- Spinal cord injuries
- Fractures
- Burn injuries
What Are the Common Causes of Car Accidents?
Many accidents happen because of drunk driving and impaired driving. Another major cause is distracted driving, including texting, eating, or talking on the phone.
Other accidents happen because of speeding, aggressive driving, automotive defects, road hazards, and poor weather.
What Is the Statute of Limitations for Car Accidents in California?
California has a two-year statute of limitations for personal injuries suffered in car accidents. You must file a lawsuit within two years of the day the incident happened.
The statute of limitations for property damage is three years.
How Do I Report a Car Accident in California?
To report an accident in California, call 911, the local police, or the California Highway Patrol.
Do I Need a Lawyer to Handle My Case?
We encourage you to seek the help of a lawyer after any accident, including a rear-end collision.
We can help you fight for compensation for medical bills, vehicle repairs, and any other damages. If you cannot work after an accident, you may deserve damages for lost wages. You may also seek compensation for damages that are not easily quantified but are just as real, like emotional distress and pain and suffering.
We have the answers to all your questions about rear-end collision law in California. Contact Cutter Law for a free consultation.
After a car accident in California, do report it to the police, seek medical treatment, and contact your insurance company, but don’t admit fault, accept a low settlement too soon, or post about the accident on social media.
If you’re not at fault in a California car accident, you can file a claim with the at-fault driver’s or your own insurance. An attorney can help secure fair compensation.
In California, you can still recover compensation even if you’re partly at fault for a car accident, with the amount reduced based on your share of the fault.