By Michael Shemtoub, trial attorney, Beverly Law. Updated November 2026.
Rear-ended in California?
Leave your name and phone. We call back today, in English or Spanish. The consultation is free and confidential.
Free consultation · English y Español · No fees or costs unless we win
What to do after a rear-end crash in California
- Stay at the scene and call 911 if anyone is hurt. A driver involved in a crash that injures or kills someone must stop and exchange information (Veh. Code § 20001). If the driver who hit you drove off, read our California hit-and-run accident lawyer page.
- Photograph both cars before they move. Get your rear bumper, the other car’s front end, your brake lights, the lane and any skid marks.
- Get medical care the same day, even if you feel fine. Whiplash symptoms can be delayed for several days (NINDS).
- Get the report number. Our page on how to get a police report for a car accident explains how to request it.
- File the SR-1 with the DMV within 10 days if anyone was hurt or killed or property damage was over $1,000 (Veh. Code § 16000).
- Do not give a recorded statement to the other driver’s insurer before you get advice. Here is what not to tell the insurance company.
Who is at fault in a California rear-end crash
The following-distance rule. “The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicle and the traffic upon, and the condition of, the roadway” (Veh. Code § 21703). There is no fixed number of car lengths. The question is what was reasonable for that speed, that traffic and that road.
The presumption of negligence. Evidence Code § 669 presumes a person failed to use due care when four things are shown: the person violated a statute, ordinance or regulation; the violation caused death, injury or property damage; the harm was the kind the law was meant to prevent; and the injured person was in the group the law was meant to protect (Evid. Code § 669(a)). A driver who tailgated and hit you fits that pattern. The presumption can be rebutted. The rear driver can try to prove he did what a reasonably careful person would have done while trying to obey the law (§ 669(b)).
The sudden-stop argument. California also bars a driver from stopping or suddenly slowing without an appropriate signal to the driver immediately behind, when there is an opportunity to give it (Veh. Code § 22109). Insurers use this to argue the front driver shares the blame. Under pure comparative fault, any share assigned to you only reduces your award (Li v. Yellow Cab Co. (1975) 13 Cal.3d 804).
Sudden emergency. Under California’s civil jury instruction, a driver who claims a sudden emergency must prove three things: a sudden and unexpected emergency put someone in actual or apparent danger of immediate injury, the driver did not cause it, and the driver acted as a reasonably careful person would have. The authorities cited with the instruction say the doctrine does not apply when the party’s own negligence caused or contributed to the danger (CACI No. 452). A driver who was already too close when traffic stopped has a hard time meeting the second element.
Our Q&A on rear-end accidents: who is at fault covers the arguments insurers raise. If a semi hit you, see rear-ended by a semi truck: what to do and our California truck accident lawyer page.
Free rear-end collision case review
Tell us what happened. We will tell you plainly whether there is a case and what to do next. You owe no fees or costs unless we win.
California deadlines and damages
Two years to sue. A lawsuit for injury or death caused by another person’s negligence must be filed within two years (CCP § 335.1). For an uninsured motorist claim, you must sue the driver, settle with your insurer or demand arbitration within two years (Ins. Code § 11580.2(i)).
Insurance after a rear-end crash
The other driver’s liability policy. For policies issued or renewed on or after January 1, 2025, the minimums are $30,000 for injury or death of one person, $60,000 for two or more people, and $15,000 for property damage (Veh. Code § 16056).
Your own coverage. Uninsured motorist coverage is part of every California auto policy unless deleted by a signed agreement. Underinsured coverage pays after the at-fault driver’s policy is paid in full, up to your limit minus what you received (Ins. Code § 11580.2). See making a UIM claim and how MedPay works in California.
Whiplash, head injuries and how often rear-end crashes happen
Whiplash. The National Institute of Neurological Disorders and Stroke describes whiplash as a soft tissue injury to the neck, also called neck sprain or strain, usually caused by sudden extension and flexion and commonly the result of a car crash. Symptoms can include neck pain and stiffness, headaches, dizziness, burning or prickling sensations, and shoulder or back pain. They may appear right away or be delayed for several days. Most people recover within three months, but some keep having neck pain and headaches (NINDS). Treatment can include ice, pain relievers, physical therapy or a cervical collar, and surgery is rarely needed (MedlinePlus).
Head injuries. The CDC lists motor vehicle crashes among the common ways people get a traumatic brain injury (CDC). A headache, dizziness or trouble concentrating after a crash deserves a doctor’s attention. See concussion or brain injury after a crash and our page on whiplash claims after a car accident. Serious head injuries are covered on our California brain injury lawyer page.
Rear-end crashes are the most common kind of police-reported crash in the country. NHTSA’s annual compilation for 2023 counts 1,748,481 rear-end crashes out of 6,138,359 police-reported crashes, or 28.5%. They made up 27.2% of injury crashes (461,282) and 7.2% of fatal crashes (2,701). Only angle crashes caused more injury crashes (NHTSA, Traffic Safety Facts 2023, Table 29).
Rear-end crashes in California
In California, rear-end crashes were the most common type of speeding-related crash causing death or serious injury in 2023, at 33.0%, according to a SafeTREC analysis of provisional SWITRS data prepared with a grant from the Office of Traffic Safety. The same analysis counts 1,303 deaths in speeding-related crashes that year (SafeTREC 2025 Traffic Safety Facts). Statewide, 4,061 people died in traffic crashes in 2023 (Office of Traffic Safety).
Our news desk covers these crashes. In October 2026, Fresno police said a car traveling at a high rate of speed rear-ended another car at Herndon and Van Ness avenues; the driver of one vehicle was pinned inside, and the other driver was arrested on suspicion of DUI. In September 2026, a 71-year-old man was killed on Marshall Road near Patterson when a pickup towing a livestock trailer struck his utility vehicle from behind at 45 to 50 mph, according to the CHP. If an impaired driver hit you, see drunk driver hit me and our California drunk driving accident lawyer page.
Local pages: Los Angeles, Santa Ana, Perris and Victorville car accident lawyers.
Rear-ended by a city, county or state vehicle
A public entity is liable for injuries caused by its employee’s negligent driving within the scope of employment (Veh. Code § 17001). The written claim must be presented no later than six months after the crash (Gov. Code § 911.2). After a written rejection, you have six months to sue; without proper notice, the outside limit is two years (Gov. Code § 945.6). See claims against a city or county vehicle.
Rear-end rules in California, Texas and Washington
| State | Following-distance law | What a violation proves | Signal before a sudden stop | Deadline to sue | Your share of fault |
|---|---|---|---|---|---|
| California | No closer than “reasonable and prudent” (Veh. Code § 21703) | Presumed negligence if the elements of Evid. Code § 669 are met; the driver can rebut it | Required when there is an opportunity (Veh. Code § 22109) | 2 years (CCP § 335.1) | Reduces the award, never bars it (Li v. Yellow Cab) |
| Texas | Assured clear distance so the driver can safely stop (Transp. Code § 545.062) | Not negligence per se; the same duty of reasonable care, decided by the jury (Louisiana-Pacific v. Knighten) | Required when there is an opportunity (Transp. Code § 545.105) | 2 years (CPRC § 16.003) | Barred if more than 50%; otherwise reduced (CPRC § 33.001) |
| Washington | No closer than “reasonable and prudent” (RCW 46.61.145) | Evidence of negligence, not negligence per se; DUI is negligence per se (RCW 5.40.050) | Required when there is an opportunity (RCW 46.61.305(3)) | 3 years (RCW 4.16.080(2)) | Reduces the award; does not bar it (RCW 4.22.005) |
California is the only one of the three states with a statutory presumption of negligence for a broken safety law.
Related pages
- Texas rear-end collision lawyer
- Washington rear-end collision lawyer
- California car accident lawyer
- California brain injury lawyer
- California hit-and-run accident lawyer
- Rear-end accident: who is at fault?
- Comparative fault in California, Texas and Washington
- Areas we serve in California
Common questions
Is the driver who rear-ended me always at fault in California?
Usually, but not automatically. Vehicle Code § 21703 bars following more closely than is reasonable and prudent, and Evidence Code § 669 presumes negligence when a safety statute is broken and causes the harm it was meant to prevent. The rear driver can try to rebut that, for example by proving a sudden emergency he did not cause, or by showing you stopped suddenly without a signal when you had the chance to give one (Veh. Code § 22109).
How long do I have to sue after a rear-end crash in California?
Two years from the crash (CCP § 335.1). If a government vehicle hit you, the written claim is due within six months (Gov. Code § 911.2).
My neck started hurting a few days later. Can I still make a claim?
Yes. NINDS notes that whiplash symptoms may be delayed for several days. See a doctor as soon as symptoms appear and tell the doctor about the crash, so the record connects the two.
The driver who hit me only has minimum coverage. What now?
The California minimum for policies issued or renewed since January 1, 2025 is $30,000 per person (Veh. Code § 16056). Check your own policy for underinsured motorist coverage, which pays after the other policy is paid in full (Ins. Code § 11580.2).
Can I recover if I braked suddenly?
Yes. California uses pure comparative fault. If a jury finds you share the blame, your damages are reduced by your percentage, and you still recover the rest (Li v. Yellow Cab Co. (1975) 13 Cal.3d 804).
Ask a question
Not ready to call? Write your question and someone on our team will answer. No cost, no commitment.
California rear-end collision lawyer — Beverly Law
Tell us how the crash happened and we will explain your options under California law. Free, confidential, English or Spanish. You owe no fees or costs unless we win.
Sources
- Cal. Veh. Code § 21703
- Cal. Evid. Code § 669
- Cal. Veh. Code § 22109
- CACI No. 452, Sudden Emergency
- Cal. Code Civ. Proc. § 335.1
- Cal. Veh. Code § 16000
- Cal. Veh. Code § 16056
- Cal. Veh. Code § 17001
- Cal. Veh. Code § 20001
- Cal. Ins. Code § 11580.2
- Cal. Gov. Code § 911.2
- Cal. Gov. Code § 945.6
- Li v. Yellow Cab Co. (1975) 13 Cal.3d 804
- SafeTREC, 2025 Traffic Safety Facts: Speeding-Related and Other Crashes
- California Office of Traffic Safety, Quick Stats
- NHTSA, Traffic Safety Facts 2023: A Compilation of Motor Vehicle Traffic Crash Data (DOT HS 813 738), Table 29
- National Institute of Neurological Disorders and Stroke, Whiplash
- MedlinePlus (National Library of Medicine), Neck Injuries and Disorders
- CDC, Traumatic Brain Injury Facts and Stats
Important: This page is general information, not legal or medical advice, and reading it does not create an attorney-client relationship. Every case is different; talk to a lawyer about yours. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. Last reviewed: November 6, 2026.