Can I Be Found Liable if My Car Is Rear-Ended?

Rear-end accidents are the most common vehicle incidents in California and often occur because of distracted or reckless driving. The car that did the rear-ending is usually found liable, because traffic laws require drivers to maintain a safe distance in case of sudden stops or deceleration. A full car length is typically the recommended safe distance between two cars.

When the rear driver may not be liable

• ›A driver reverses into the car behind without correctly assessing the space
• ›A vehicle's brake lights are inoperative, so the following driver can't tell it is stopping
• ›Road conditions — a pothole or ice — cause a driver to lose control
• ›Both drivers were at fault due to negligence
• ›Any other traffic law is found to have been broken

California's comparative negligence system

California allows a victim to sue and be compensated for a proportion of damages depending on each party's share of fault. For example, if Leah is rear-ended, her damages are $8,000, and she is found 30% liable, she can still claim the remaining 70% — $5,600.

Because California is an at-fault state, a driver's insurance only pays if it can be proven the driver is accountable. That's why, after any crash, you should first check whether anyone is hurt, call police if needed, exchange insurance and contact information, photograph the scene before moving vehicles if possible, look for witnesses — and never admit responsibility at the scene.

Questions that help determine fault

1. 1Were traffic violations committed?
2. 2Were there negligent drivers?
3. 3Were comments made by the drivers after the accident?
4. 4Were there any witnesses?

You can ask all of your car-accident questions to a personal injury attorney at Salek Law Firm.