Who Pays When You’re Rear-Ended? (California 2024)

One in every three car accidents in the United States is a rear-end collision. These types of accidents can be complicated because it’s common for both parties to claim the other was at fault. For example, a vehicle in front might make a sudden turn or lane change, forcing the car behind it to collide. 

While California law allows both parties to seek compensation based on shared percentages of fault, who pays when you’re rear-ended? The quick answer is that, in general, the driver following the other vehicle is responsible, as they likely failed to maintain a safe distance.

However, there are exceptions. In some cases, the driver of the front vehicle may be partially or fully at fault if they:

• Brake suddenly or without justified reason.
• Perform a dangerous maneuver, like changing lanes without signaling.
• Have malfunctioning tail or brake lights.

If you were rear-ended or rear-ended someone but know it wasn’t your fault, you can claim compensation for your damages. My Lawyer Mark is an experienced car accident lawyer with over 35 years of combined experience handling all types of accidents in Southern California. Schedule a free consultation by calling (866) 721-5808.

If You’re Rear-Ended, Who Pays?

Typically, the driver following another vehicle is responsible for the accident and, therefore, legally liable for the resulting damages. However, there are exceptions to this rule. If it is determined that the front driver acted negligently, they may be assigned a higher percentage of fault. This could occur, for example, if that driver was under the influence of substances or was manipulating the brakes of the vehicle behind them.

As mentioned earlier, California’s contributory and comparative negligence laws can alter the primary assignment of fault in an accident. This can reduce or even eliminate the rear driver’s percentage of fault. This is why hiring experienced car accident lawyer is crucial in rear-end collisions: as the rear driver, you could avoid liability and even obtain compensation for the accident.

Reasons the Front Driver May Be at Fault

Certain behaviors can cause the rear driver to collide with the vehicle in front. Whether due to distraction, recklessness, or negligence, these are some of the reasons a driver may unintentionally (and without accountability) cause a collision:

Driving Distracted or Intoxicated

The police report of the accident is crucial to proving if the driver in front was drunk or under the influence of drugs, leading to distractions or other maneuvers that caused the accident. That’s why you should call 911 immediately after an accident. Authorities will create a report that you can access to support your claim.

Reversing Into Another Vehicle

This often happens in parking lots or similar areas. A driver backing out of a parking space or other tight spot might hit another car due to distraction or lack of visibility.

Sudden Turns

Some rear-end accidents occur when the car in front makes a sudden turn or lane change in front of another vehicle. This can “cut off” the rear driver, making it very difficult to avoid a collision.

Merging into Traffic Abruptly

This often occurs when a vehicle enters a busy highway or when two lanes merge into one. If the driver in front accelerates or fails to pay attention to the vehicle in the other lane and merges directly ahead of it, a collision is almost inevitable.

Vehicle Defects

A driver might be unaware that their brake lights or other vehicle components are not functioning. Brake lights and turn signals are essential for alerting drivers behind you.

If the lights were not functioning properly due to a lack of vehicle maintenance, the responsibility likely falls on the vehicle owner. However, if it’s a manufacturing defect, the liability could shift to the manufacturer.

Hire an Experienced Car Accident Lawyer

If you were rear-ended or rear-ended someone and it wasn’t your fault, call us at (866) 721-5808. My Lawyer Mark can help you receive compensation for your accident. It doesn’t matter if you don’t have legal status or don’t speak English. We can understand you and assist you. Don’t waste time—call us today for a free consultation.