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The following-distance rule
A California driver must not follow another vehicle more closely than is reasonable and prudent given the speed, the traffic and the road (Vehicle Code 21703). If a driver hits you from behind, the usual explanation is that they were too close, going too fast, or not looking. That is why the rear driver is so often found at fault.
The rule does not change because traffic stopped suddenly. Freeway traffic in Los Angeles stops without warning every day, and a careful driver leaves room for that. Phone records, dashcam video and the damage pattern on both cars can show how fast the rear driver was going and whether they braked at all.
When the insurer blames the front driver
Insurers sometimes argue the front driver caused the crash by cutting in and braking, reversing, or stopping for no reason. Others point to brake lights that did not work. These are arguments, and the evidence decides them. Photos of your lights, witness names and video from nearby cars or businesses can answer them quickly.
California uses pure comparative fault. If some blame falls on you, your damages are reduced in proportion, and you can still recover the rest (Li v. Yellow Cab Co.). In a chain of three or more cars, fault can be split several ways. See multi-car pileups for how that works.
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Injuries that show up later
Rear-end crashes often cause neck and back injuries, even at what feels like low speed. Pain may start hours or days later. Get checked right away and tell the doctor how the crash happened. Our pages on whiplash claims and delayed pain explain what to watch for. Write down when the pain started.
Insurers sometimes say little damage to the bumper means no injury. Bumpers are built to hide damage, and the body inside the car can still be hurt. Your medical records, imaging and a steady treatment history carry more weight than a photo of a bumper. Keep a short journal of your pain and what you cannot do.
What to do now
See a doctor, even if you feel fine at first, and follow the treatment plan. Take photos of both cars, the road and your injuries. Get the other driver’s name, plate and insurance, and the names and phone numbers of witnesses. Ask for the police report; the agency must release it to a driver involved (Vehicle Code 20012).
Write down the claim number the insurer gives you. Keep receipts for medical costs, rental cars and rides. Do not sign a release or give a recorded statement to the other driver’s insurer before you talk to a lawyer. If an offer comes fast, read how to respond to a lowball offer first.
Deadlines
Most California injury lawsuits must be filed within two years of the injury (Code of Civil Procedure 335.1). A lawsuit over damage to your car generally has a three-year deadline (Code of Civil Procedure 338). If a semi hit you from behind, federal trucking rules can come into play; see rear-ended by a semi truck.
If you were rear-ended in Washington, the general deadline for an injury lawsuit there is three years (RCW 4.16.080). Call Beverly Law at (310) 552-6959 or use the form to talk about your crash. You owe no fees or costs unless we win, and we can start collecting evidence right away.
Common questions
Is the person who rear-ends you always at fault?
Usually, but not always. California drivers must not follow more closely than is reasonable for speed, traffic and road conditions. If the front driver cut in and braked or reversed, some fault may shift. Under comparative fault, each driver’s share reduces what they can recover.
What if I was rear-ended and pushed into the car ahead?
The driver who hit you first is often responsible for both impacts, but that depends on the timing and spacing of each car. If you also hit the car ahead before being struck, fault may be shared. Photos, video and statements help sort out the order of the impacts.
Can I get compensation for a low-speed rear-end crash?
Yes, if you were hurt. Neck and back injuries happen at low speeds too. What matters is your medical evidence: prompt care, consistent treatment and doctors connecting the injury to the crash. Little visible damage does not mean you were not injured.
How long do I have to file a claim after a rear-end accident?
In California, most injury lawsuits must be filed within two years, and property damage lawsuits generally within three years. Report the crash to the insurers right away. Waiting makes it harder to find video and witnesses, so start early even while you are still in treatment.
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If you were hurt in a car or truck crash in California and Washington, talk to a personal injury attorney. Free, confidential, English or Spanish. You owe no fees or costs unless we win.
Related pages
Car accident not my fault: what to do · Car accident not my fault: do I call my insurance? · Do I pay my deductible if the accident wasn’t my fault? · Will my insurance rates go up if I wasn’t at fault? · What to do after a car accident in California · All car and truck accident questions
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Important: This page is general information about California and Washington law, not legal advice, and reading it does not create an attorney-client relationship. Every case is different; talk to a lawyer about yours. Last reviewed: November 5, 2026.