If a rear-end crash happened, a free case review is offered by GJEL Accident Attorneys. No fee is charged unless a recovery is made. Your rights can be protected and your claim can be advanced now. If you were rear-ended, you may feel unsure about what to do next or whether you are even injured yet. You should know that symptoms such as neck pain, headaches, or neurological issues often appear hours or days later, and delayed symptoms do not weaken your claim. You may still pursue compensation even if you believe you were partly at fault, because California allows recovery under pure comparative negligence.
Who is at fault for a rear-end crash in California
The following driver is usually at fault because California law requires a safe following distance under CVC 21703. Fault can shift to the lead driver if there is an unsafe sudden stop without proper signaling under CVC 22109, an unsafe lane change, or inoperable brake lights. Liability can also be shared under pure comparative negligence in California. Rear-end crashes are among the most common collisions in the United States, with about 1.7 million per year and roughly 500,000 injuries. Fatal rear-end crashes are a small fraction of overall roadway deaths, which totaled about 40,900 in 2023. Additional results can be reviewed on our case results page. Facts, injuries, and venues vary, so every case is different.
Talk to our Rear-End Accident Attorneys Today
If you were injured in a rear-end accident anywhere in California, our legal team is ready to review your case and explain your options. Contact us today for a free consultation.
Causes of Rear-End Collisions and Determining Fault
Following too closely is a common cause. A crash can occur when a vehicle ahead slows or stops and there is not enough distance to react. When driver distraction or speeding is present, risk increases. If you were hit from behind, you are not required to immediately prove fault on your own. Early documentation matters because evidence such as vehicle data, camera footage, and witness recollection can disappear quickly if you wait. Vehicle maintenance can matter too. Worn brakes or inoperable brake lights can become evidence. The rear driver is not always at fault. Examples include unsafe lane changes by a lead driver, sudden stops without signaling under CVC 22109, nonfunctioning brake lights, and chain reaction impacts where force pushes a middle vehicle forward. A manufacturer defect in braking components can also play a role. Presumptions are helpful, but each claim is evidence driven. California’s safe following rule is set by CVC 21703. Exceptions are proven with facts from the scene, cameras, and reports.
Comparative Negligence in California
California applies pure comparative negligence from the Supreme Court’s decision in Li v. Yellow Cab. Juries are instructed under CACI 405 to assign percentages of responsibility. Any recovery is reduced by the percentage assigned to the injured person. This means you can still recover compensation even if you believe you share some responsibility for the crash, and uncertainty about fault should not stop you from having your case reviewed. A clear, complete record tends to improve outcomes.
Deadlines That Control Your Case
Most injury lawsuits in California must be filed within 2 years under CCP 335.1. If the rear-end crash resulted in a fatality, surviving family members may have the right to pursue a wrongful death claim for losses such as financial support, funeral expenses, and the value of a loved one’s life contributions. If a public entity is involved, a government claim is usually required within 6 months under Gov. Code 911.2. Missing a deadline can bar a claim, so prompt action is recommended. If you delay too long, you may lose access to evidence needed to prove what happened, even if the legal deadline has not yet expired.
Evidence That Strengthens Rear-End Claims
Good claims tend to be built with solid documentation. Items like the police report, scene photos or video, event data recorder downloads, and witness statements can be important. Phone and vehicle maintenance records are sometimes requested. Medical records tie injuries to the crash and help quantify loss. If documentation is incomplete or delayed, insurance companies are more likely to dispute whether your injuries were caused by the collision or attempt to reduce the value of your claim.
Common Injuries After Rear-End Crashes
Rear-end collisions can range from minor to severe. Symptoms do not always appear immediately. It is common for you to feel worse days after a rear-end crash, and injuries that seem minor at first can become chronic or require extended treatment. Typical injuries include neck or back strains often referred to as whiplash, concussions or other traumatic brain injuries, facial injuries from airbags, fractures, and soft tissue damage. Proper evaluation and follow through with medical care are important for health and for claim documentation. If your injuries are serious, our California auto injury attorneys coordinate doctors, experts, and settlement talks.
What A Rear-End Settlement May Look Like
There is no single average that fits every case. Settlements are influenced by injury severity, medical costs, wage loss, future care, liability disputes, and insurance limits. You should be aware that insurance companies are financially motivated to minimize payouts, particularly when injuries or fault are contested. Recent outcomes for rear-end cases can be reviewed on our results page. For an estimate tailored to your facts, use our rear end accident settlement calculator.
Injury picture
Typical resolution range
Notes
Soft tissue only, limited treatment
Often low five figures
Short treatment window and minimal wage loss
Confirmed disc injury or concussion
Often mid to high five figures
Specialist care and documented limitations
Fracture or surgery
Often six figures and higher
Future care and permanent effects drive value
Illustrative ranges only. Results vary by facts and venue.
How The Process Works
After contact is made, a free consultation is provided and a plan is outlined. Evidence is preserved and liability is investigated. You are not required to investigate the crash yourself, track down evidence, or manage communications with insurance companies while your case is being handled. Medical records and bills are gathered so the full picture of loss can be presented. Negotiations are pursued with the insurer. If you try to handle a rear-end claim on your own, you may face greater risk of delayed resolution, disputed liability, or reduced settlement offers. If a fair result is not offered, litigation can be filed within the deadline. Many newer vehicles include automatic emergency braking. A final rule by the National Highway Traffic Safety Administration will require AEB on new passenger vehicles, which is expected to reduce rear-end crashes. Liability rules do not change when a system is present. See the NHTSA announcement here.
Injured in a rear-end crash
Immediate help is available. A free case review is offered by GJEL Accident Attorneys, and cases are handled with no fee unless a recovery is made. Call 1-866-292-9907 or send a message online to get started.
ABOUT THE REVIEWER Andrew (Andy) R. Gillin is a founding partner of GJEL Accident Attorneys and has practiced personal injury law in California state and federal courts since 1970. He earned his Juris Doctor from the University of Chicago Law School and co-founded GJEL in 1972. Over the course of his career, Andy has helped hundreds of injured plaintiffs recover compensation, including multiple seven-figure settlements and verdicts. He specializes in serious injury and wrongful death cases and holds an AV Preeminent rating from Martindale-Hubbell, with recognition from Super Lawyers and Best Lawyers in America.
Contact Our California Rear End Accident Attorneys Now
Usually the following driver is at fault under CVC 21703. Exceptions can apply when the lead driver brakes without signaling under CVC 22109, changes lanes unsafely, or has nonfunctioning brake lights.
How does shared fault change a payout
California uses pure comparative negligence from Li v. Yellow Cab. Any award is reduced by the injured person’s percentage of fault, as explained in CACI 405.
How long is there to file
Most injury suits must be filed within 2 years under CCP 335.1. Claims involving public entities usually require a government claim within 6 months under Gov. Code 911.2.
What evidence helps most
Reports, photos or video, EDR data, witness statements, and medical records typically carry weight. Phone and maintenance records can be important when distraction or equipment issues are at issue.
