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In California, the driver who rear-ends another vehicle is presumed to be at fault — but the legal picture is more complex, and the compensation you recover depends on understanding exactly how fault and damages are calculated under California law. Whether you were rear-ended on the 405, at a stoplight in Irvine, or in a chain-reaction crash on the 91, Sky Law Group’s attorneys have the experience to fight for your full compensation. California law entitles you to recovery for medical bills, lost wages, and pain and suffering under Civil Code §1714. Call (844) 475-9529 for a free consultation. California’s Presumption of Fault in Rear-End Accidents California Vehicle Code §21703 prohibits following another vehicle more closely than is reasonable and prudent. When one car rear-ends another, there is a strong legal presumption that the following driver was tailgating or failed to maintain adequate stopping distance. This presumption shifts the burden to the rear driver to prove they were not negligent — a difficult standard to meet in most cases. However, California is a pure comparative negligence state under Li v. Yellow Cab Co. This means fault can be apportioned between multiple parties, and even the front driver may bear some percentage of fault in certain circumstances. When the Front Driver May Share Fault While the rear driver is presumed at fault, insurers and defense attorneys often argue the front driver contributed to the crash in these scenarios: Sudden or Brake-Check Stops If the front driver braked suddenly without reason — […]