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.
But—and this is important—that 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: California’s Blame-Sharing Rule
California uses a pure comparative fault system (Civil Code §1714). That means even if you’re partially responsible, you can still recover damages—just 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, you’d 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 warning—for example, to avoid a squirrel or make a last-second turn.
- Broken brake lights: If your lights aren’t working, the rear driver can’t anticipate your stop.
- Chain-reaction pileups: In multi-car crashes, fault might rest with the person who started it—not the last car in the chain.
- Brake-checking: Aggressively slamming brakes in front of another driver can shift fault.
- Mechanical failures: If the rear driver’s brakes fail and they can prove it was unforeseeable, fault might shift.
Proof That Flips the Script
Dashcam footage—seriously, everyone should have one—can be the difference between winning and losing. It’s 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 doesn’t erase your right to compensation—it 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 clock’s ticking—two years goes fast.
Need Legal Help?
At West Coast Trial Lawyers, we’ve handled over 3,000 rear-end collision cases and recovered more than $1.5 billion for our clients. When you contact us, you’ll speak with a real attorney—not a call center rep. We’re available 24/7, and it won’t cost you a dime unless we win.
Contact West Coast Trial Lawyers today for a free consultation.
