Is the driver in back always at fault in a rear-end crash?

Our Skilled CA Accident Lawyers Explain Why Rear-End Collisions Aren’t Always the Fault of the Driver in Back

When you think of a rear-end collision, you might imagine a minor fender-bender that does little damage to your car and causes no injuries. However, rear-end crashes can lead to serious injuries that may have a temporary or long-lasting effect on your life.

Our dedicated personal injury lawyers at Case Barnett Law understand that any type of car accident can change your life, including rear-end collisions. Here, we explain who’s at fault in this type of crash and how we can help you obtain a fair settlement.

Liability in a Rear-End Collision

Most people assume that a rear-end collision is always the fault of the driver in back. However, this isn’t always true, and California, traffic laws can make determining liability challenging. It’s often the case that the driver in back is responsible for the accident, but there are exceptions, including the following:

If the driver in front stops suddenly for no apparent reason, the driver in back may not have enough time to react
If you were rear-ended by another vehicle and forced into the car in front of you
The driver in front has faulty brake lights that weren’t working properly when the car stopped

There are instances when liability for a rear-end collision isn’t obvious, and it’s possible you may be partially responsible. That’s why it’s important to have a skilled Orange County personal injury attorney on your side. We’ll help you navigate the challenges you may face when determining who is at fault for the accident.

Common Causes of Rear-End Collisions

Rear-end collisions account for 29% of all crashes in the U.S. A variety of factors can cause these types of accidents. According to National Highway Traffic Safety Administration (NHTSA) crash data, rear-end crashes generally occur as a result of distraction, whether from texting or looking at objects on the side of the road. Other causes of rear-end collisions include:

Slow response time - when vehicle drivers ahead of them slow or stop
Vehicles following too closely – which can lead to the lack of adequate stopping distance
Lane changes - that require a quick speed change from vehicles ahead or behind
Speed limit violations – when the car is moving faster than the flow of traffic

Common Injuries Due to Rear-End Collisions

Some people may walk away from a minor fender-bender without injury, but it’s possible for victims of rear-end collisions to experience injuries such as the following:

Neck and back injuries. These can include soft tissue injuries such as muscle strains or ligament tears (including MCL or ACL tears) and spinal cord injuries.
Whiplash. Whiplash occurs when the head moves forward and back quickly as a result of the sudden stop. Symptoms can include headaches at the base of the skull and stiffness and pain in the neck.
Herniated discs. When drivers or passengers experience a sudden impact, they can suffer herniated discs, where the spinal disc ruptures or shifts out of place. Symptoms include intense pain, tingling, and muscle weakness, which might extend to the arms and legs.

It’s important to note that some injuries appear immediately, but others may not present symptoms for several days. This is why you should seek medical care right away after an accident.

Possible Compensation for Injured Victims of an Orange County Rear-End Crash

When you’re injured in a rear-end collision, you may face extreme emotional stress, expensive medical bills, and financial loss if you have to take time off work. It’s important to understand what to expect when you file a personal injury claim.

Determining Liability

If you file a personal injury claim after a rear-end collision, you must determine who was at fault for the accident. California follows a policy called comparative negligence for liability, which is a legal principle allowing fault to be divided among parties, with each party receiving a percentage of liability based on their level of fault. So, even if you were partially at fault for the accident and your injuries, you can still seek compensation.

However, this system can work for you and against you, depending on your percentage of fault for the accident. If you rear-ended someone and can prove they were partially at fault, then your liability may be reduced. Conversely, if you were read-ended but found to be partially at fault, it could reduce your compensation.

Damages

You can seek economic damages for financial hardship caused by the crash and any injuries you suffered as a result. These damages may include expensive medical bills and lost wages based on how much work you miss as a result of the injury. They can also include diminished future earning capacity.

Pain and Suffering

Pain and suffering or emotional distress refers to damages you may receive as a result of the physical and emotional injuries caused by the accident. Emotional pain and suffering means psychological harm caused as a result of the accident, and it can include depression, anxiety, and post-traumatic stress disorder (PTSD).

What to Do if You’re in an Orange County Rear-End Crash

If you’ve been involved in a rear-end crash, take the following steps to help care for your immediate medical needs and to establish evidence if you decide to pursue a personal injury claim:

Call 911.
Seek immediate medical attention (even if you feel fine).
Gather evidence, including contact information from parties involved and witnesses and photos and videos from the scene of the accident.
Be careful when talking to insurance companies to avoid making statements that could jeopardize your personal injury claim. Don’t sign documents that limit your ability to seek the damages you deserve.

How Case Barnett Law Can Help

In California, the statute of limitations for personal injury claims is generally two years from the date of the accident. Because it can take a long time to build a strong case, it’s important to hire an attorney right away. Critical evidence can disappear, and witnesses may forget important details of the collision.

Additionally, insurance companies often have their own deadlines for filing claims, which can be much shorter. Failing to meet these deadlines could jeopardize your ability to recover compensation or defend against claims.

By hiring our Orange County personal injury attorneys quickly after your rear-end collision, you ensure that your rights are protected from the start. We can initiate the necessary legal processes, preserve evidence, and meet all required deadlines.