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One of the most common types of car accidents we get are rear-end accident cases.  Although it is normally the driver in the rear or back to be at fault, under California law there are other factors that are considered to determine overall fault. If you’ve been involved in a rear-end car accident in Orange, knowing your legal rights can make a difference in obtaining the maximum compensation.

California Law and Rear-End Accident Liability

Usually, the rear driver is presumed to be at fault. The reason this is the usual presumption is that the drivers must maintain a safe distance between vehicles to prevent accidents. Such distance creates adequate space for the drivers to abruptly stop. This distance between the vehicles is important in overall liability.

Legal  Fault Doctrine

1. Duty of Care – Drivers owe a duty of overall care for their vehicle’s safety and avoid causing harm to others.
2. Breach of Duty – Failing to maintain a safe distance is a breach of duty.
3. Causation – Breach of duty causes accidents and injuries.
4. Damages – You must prove the accident led to your injuries to receive compensation.

Some Exceptions: When the Rear Driver Is Not at Fault

While the rear driver is often held liable, there are some exceptions to this overall rule.

1. Sudden or Abrupt Stops

If the lead driver suddenly and abruptly slammed on their brakes, they could be partially at fault. However, the rear driver must still prove that the stop was unreasonable and unexpected. Sometimes, insurance carriers place 50/50 liability or a percentage of fault is attributed to both drivers. In such a scenario, insurance companies can place both drivers at fault, also known as comparative negligence.

2. Brakes

Brake checking is an aggressive driving tactic where the lead driver intentionally slams on the brakes to force the rear driver to stop suddenly. This action can lead to a shared fault determination or shift liability to the front driver.

3. Faulty or Malfunctioning Brake Lights

If the lead driver’s brake lights were not working at the time of the accident, that could lead to partial fault for both drivers or even eliminate liability.

4. Multi-Vehicle Pileups

Sometimes, in chain reaction accidents, the vehicle behind pushed you into the vehicle in front. Insurance carriers assess the distance between the vehicles and determine who is at fault overall based on the damage to the vehicles.

5. Reckless Driving by the Lead Driver

If the lead driver abruptly swerved into your lane, was possibly racing or going over the speed limit, and engaged in reckless driving, then liability could be shared between drivers.

Defenses Used in Rear-End Collision Cases

Insurance companies do everything possible to avoid liability so knowing your rights is important to fight insurance carriers from denying your claim.

1. Comparative Negligence in California

California uses comparative negligence, which means that even though you may be partially at fault, you are still entitled to recovery. For example, if you are 30% at fault, your overall settlement is simply reduced by 30 percent and you are still entitled to recovery.

2. Claiming the Victim Stopped Suddenly

The at-fault party may argue that the lead driver stopped unexpectedly, but unless there is evidence of an unreasonable stop, this defense may not hold up in court.

3. Alleging Distracted Driving by the Rear Driver

Insurance companies sometimes claim texting or not paying attention by adjusting the radio, etc., to establish negligence. Dashcam footage in this scenario can help strengthen your claim.

Proving  Liability in a Rear-End Accident Case

To strengthen your overall claim, here are some helpful tips.

1. Gather Evidence Immediately

• Take photos of vehicle damage, skid marks, and traffic conditions, and also video of weather conditions.
• Think like an investigator and get witnesses to strengthen your claim.
• If injured, call the police and obtain a report.
• Try to find local businesses which might have video footage of the accident

2. Seek Medical Attention

• Get medical attention immediately; sometimes it takes 24-48 hours for the pain to occur as your adrenaline from the accident fades.

3. Preserve Dashcam or Surveillance Footage

• Video is huge in overcoming liability. Proof is important.

4. Call Sky Law Group For a Experienced Personal Injury Lawyer

• Our lawyers are experienced and can negotiate with insurance companies to get you maximum compensation.

Why Choose Sky Law Group, APC for Your Rear-End Accident Case?

At Sky Law Group, APC, we have successfully represented thousands of clients throughout and in Orange, California, who were injured in rear-end accidents. Here’s why our clients trust us:

• Five Star Rated – We make the process seamless for our clients and their reviews reflect our commitment
• Undeniable Track Record – We have recovered millions for personal injury victims.
• No Fees until we Win – We work on a contingency basis, meaning you don’t pay unless we win your case.
• Aggressive Representation – We zealously fight insurance companies to ensure you receive full compensation.

Call Us for a Free Consultation

If you were involved in a rear-end accident in Orange, California, and need expert legal representation, don’t hesitate to call Sky Law Group, APC. Our dedicated personal injury attorneys are ready to protect your rights and help you secure the compensation you deserve.

📞 Call us today at 1-866-868-5005 for a free, no-obligation consultation. You don’t have to face this alone—let us fight for you!