Is the Rear Driver Always at Fault?
Not always. California law does create a rebuttable presumption that the rear driver is at fault in a crash. That means the law starts by assuming the person who hit you from behind is responsible.
Butโand this is importantโthat presumption can be overturned with the right evidence. Maybe the lead driver slammed on the brakes for no reason. Maybe their brake lights were out. Maybe it was a chain-reaction pileup. Fault gets messy fast.
Comparative Negligence: Californiaโs Blame-Sharing Rule
California uses a pure comparative fault system (Civil Code ยง1714). That means even if youโre partially responsible, you can still recover damagesโjust reduced by your percentage of fault.
Example: If a jury finds you 20% at fault in a crash where you suffered $100,000 in damages, youโd still walk away with $80,000.
Pro Tip: We recently helped a Riverside teacher who was rear-ended after she brake-checked someone tailgating her. The insurance company blamed her 70%. We proved it was a reasonable response to harassment. Her fault was reduced to 20%, and she walked away with a $340,000 settlement.
Examples That Flip the Script
- Sudden stops: The front driver brakes hard without warningโfor example, to avoid a squirrel or make a last-second turn.
- Broken brake lights: If your lights arenโt working, the rear driver canโt anticipate your stop.
- Chain-reaction pileups: In multi-car crashes, fault might rest with the person who started itโnot the last car in the chain.
- Brake-checking: Aggressively slamming brakes in front of another driver can shift fault.
- Mechanical failures: If the rear driverโs brakes fail and they can prove it was unforeseeable, fault might shift.
Proof That Flips the Script
Dashcam footageโseriously, everyone should have oneโcan be the difference between winning and losing. Itโs not the only thing that matters, but it can stop lies cold.
Other helpful evidence includes:
- Eyewitness statements
- Police reports and body cam footage
- Vehicle inspections
- Accident reconstruction experts
- Photos of the damage and scene
What Can You Recover?
Damages typically include:
- Medical expenses
- Lost income (past and future)
- Vehicle repair or replacement
- Pain and suffering
- Emotional distress
- Permanent injury or disability
What If You Were Partially At Fault?
Still call a lawyer. Maybe you tapped the brakes too quickly, or looked at your phone for a second. That doesnโt erase your right to compensationโit just reduces it. And with a strong case, we can often reduce your share of the blame even further.
Two-Year Statute of Limitations
In California, you generally have two years from the date of the accident to file a personal injury claim. Miss that window, and you may lose your right to recover anything. The clockโs tickingโtwo years goes fast.
Need Legal Help?
At West Coast Trial Lawyers, weโve handled over 3,000 rear-end collision cases and recovered more than $1.5 billion for our clients. When you contact us, youโll speak with a real attorneyโnot a call center rep. Weโre available 24/7, and it wonโt cost you a dime unless we win.
Contact West Coast Trial Lawyers today for a free consultation.
