How fault is assessed after a rear-end crash
California Vehicle Code section 21703 addresses following too closely. The distance that is reasonable can depend on speed, traffic, and the road. A driver behind you may have failed to leave enough space. Other facts, such as the sequence of impacts or a lane change, may also need review.
Evidence of following distance and sudden stops
Write down the order of each impact while you remember it. Keep photos of all damaged sides of the cars, not only the rear bumper. A short video or an independent witness may help show whether one car pushed another into yours. A lawyer can connect that proof to the injuries and the applicable rule.
Sources: Civil Code section 1714 ↗ · California Vehicle Code ↗
Injuries and insurance after a rear-end collision
For a useful review, keep the following information together. You do not need to enter it on this website.
- The sequence of the crash and what you personally saw.
- Report, witness, photo, and lawful video information.
- Policies, coverage letters, and any release or offer you received.
Sources: Civil Code section 1714 ↗
READ THE DECISIONS
Court decisions relevant to san jose rear-end collisions: fault, evidence, and legal help
Li v. Yellow Cab Co.
(1975) 13 Cal.3d 804, pp. 827–829
A person can share fault and still have a negligence claim. Their share of blame can reduce the recovery.
Limits of this decision: This does not set anyone’s fault percentage. Other limits and defenses can still matter.
Read the opinion ↗Mitchell v. Gonzales
(1991) 54 Cal.3d 1041, pp. 1049–1053
The court favored a substantial-factor instruction for cause in fact over a confusing older instruction.
Limits of this decision: Proof of a careless act alone is not enough. The claimed harm must still be linked to that act.
Read the opinion ↗Review information for this guide is recorded above. Read each decision with its stated limits.
Legal and agency sources for this page
Use the sources to read the underlying rule or current official process. A source link is not personal legal advice.
- Vehicle Code §21703 — Following distance ↗
- Civil Code section 1714 ↗
- California Vehicle Code ↗
- Li v. Yellow Cab Co. (1975) 13 Cal.3d 804 ↗
- Mitchell v. Gonzales (1991) 54 Cal.3d 1041 ↗
Reviewed by Andrew Ronald Gillin · 2026-11-05 · Review and correction process