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Rear-end car accidents are the single most common type of crash in Orange County and California — and in the overwhelming majority of cases, the driver in the rear is legally at fault. Under California Vehicle Code §22350 (Basic Speed Law) and §21703 (following too closely), a driver who strikes another vehicle from behind has almost always failed a duty of care. If you were rear-ended in Orange County, you generally have two years to file a personal injury claim under California Code of Civil Procedure §335.1, and even minor “fender-bender” rear-end crashes routinely settle for $15,000–$75,000 when whiplash, soft tissue injury, or disc injury is documented. Severe rear-end crashes with cervical disc damage, surgery, or traumatic brain injury settle for $150,000 to $1 million+. Call Sky Law Group 24/7 at (844) 475-9529 for a free consultation. Hablamos Español. Who Is at Fault in a Rear-End Accident in California? In California, the rear driver is presumed at fault in approximately 87% of rear-end collisions. The legal foundation is California Vehicle Code §21703, which requires that “the driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent.” When you strike the vehicle in front of you, you have — by definition — failed to maintain a safe following distance. Combined with §22350’s Basic Speed Law (driving at a speed unsafe for conditions), the rear driver is almost always negligent as a matter of law. However, “almost always” is not “always.” There are narrow circumstances […]