In most rear-end collisions, it is often assumed that the driver who rear-ends the vehicle in front of them is liable for the crash. However, this is not always the case. Depending on the specific circumstances of a rear-end accident, the driver in front who got rear-ended may be liable if they braked suddenly, failed to use their turn signal, or drove recklessly. At Callahan & Blaine, we understand proving liability can be challenging, so we work hard to build a strong claim and fight for your rights.
If you have suffered injuries in a rear-end collision, our robust team of 29 experienced lawyers is here to help you hold the liable party responsible and pursue the compensation you deserve. With our high-quality legal services and client-focused approach, we have achieved unprecedented results, including the largest personal injury settlement in U.S. history, worth $50 million. This commitment to excellence and our personalized solutions give you the best chance of a successful outcome.
Can the Lead Driver Be Liable for a Rear-End Collision?
When driving on California roads, everyone owes each other a duty to drive carefully and act responsibly. Therefore, if a lead driver breaches this duty, they may be liable for a rear-end collision, even if another driver hits them. Situations in which the driver in front may be responsible for a rear-end accident include the following:
- Brake Checking: Brake checking occurs when a driver intentionally slams on their brakes without warning, which may lead to the driver behind them rear-ending their vehicle.
- Failing to Signal: A driver failing to signal or slow down when changing lanes can cause a rear-end collision.
- Brake Lights Out: If the lead driver’s brake lights are out, the driver behind them will not know if they slow down or stop.
- Right-of-Way Violation: The driver in front may violate the right-of-way and turn into traffic, causing a rear-end accident.
- Swerving: If the lead driver swerves or merges into another lane unexpectedly, they may be held accountable for a rear-end collision.
- Reversing: A rear-ended driver may be liable for an accident if they reversed out of a parking spot or other area without checking for passing cars.
In many rear-end accidents, multiple parties share responsibility. For these cases, California uses a pure comparative negligence system, which assigns each party involved a percentage of fault. This percentage gets deducted from each party’s respective damages. For example, if you are 15% responsible for a rear-end accident, your compensation will be reduced by 15%. We understand this system and fight to ensure you receive a fair percentage and settlement.
How to Prove Fault in a California Rear-End Accident Claim?
Every rear-end accident is different, and they often happen quickly, making it challenging to identify a liable party and establish fault, especially in cases where the driver in front contributed to the collision. Fortunately, our Callahan & Blaine lawyers are to help, so you do not have to do it alone. We conduct a thorough investigation to prove the driver in front of you owed you a duty of care, breached this duty, and directly caused the accident and your injuries.
Evidence that can help establish these points includes the following:
- Photos and videos of the scene and your injuries
- Medical records
- Police report
- Witness and expert testimony
- Personal statements
- Phone records
- Security or traffic camera footage
This information can help prove fault and the damages you suffered as a result of the liable party’s negligence. Therefore, it is crucial to act quickly and seek immediate medical attention to prioritize your health and create a record of your injuries. Our skilled lawyers understand how to build a strong claim and negotiate with insurance adjusters to give you the best chance of achieving maximum compensation and proving the lead driver caused the rear-end accident.
Partner With the Trusted California Rear-End Accident Attorneys at Callahan & Blaine
Navigating the complexities of rear-end collision liability is not always easy, especially when the driver in front may be at fault. At Callahan & Blaine, our seasoned team of 29 lawyers is dedicated to helping you hold the liable party accountable and secure the compensation you deserve. With a proven track record of achieving unprecedented results, our commitment to excellence and personalized services can help you focus on making a stress-free recovery.
Do not face the legal process alone. Trust Callahan & Blaine to conduct thorough investigations, gather crucial evidence, and negotiate effectively on your behalf. Our managing partner, Edward Susolik, is one of the nation’s leading insurance experts, giving us the knowledge to create effective solutions to achieve justice. Contact us today at (714) 241-4444 or visit our contact form to discuss your rear-end collision case, rights, and legal options.
