California Vehicle Code section 21703 VC addresses the issue of tailgating, where it explicitly prohibits drivers from following other vehicles too closely. Commonly linked to Rear-End Collisions, this regulation aims to curb the frequency of such accidents. It’s important to note that while tailgating is often a contributing factor in rear-end crashes, not all incidents of this nature stem from it. In certain cases, the responsibility for the accident can lie with the driver of the front vehicle. This distinction highlights that the causes of rear-end collisions can be varied and may not always be due to closely following another car.
What is the main law on rear-end car accidents?
Section 21703 VC of the California Vehicle Code specifically addresses rear-end collisions by prohibiting drivers from following other vehicles too closely, a practice commonly known as tailgating. This law is pivotal because tailgating is a frequent cause of rear-end accidents. According to this statute, a driver must not follow another vehicle more closely than is “reasonable and prudent” under the circumstances. The determination of what constitutes a “reasonable and prudent” following distance is influenced by several factors, including:
- The speed at which the vehicles are traveling,
- The condition of the road,
- Weather conditions,
- The stopping capabilities of the vehicles,
- Other relevant circumstances.
If a driver is cited for tailgating following a rear-end crash, this ticket can serve as per se evidence of negligence in a civil lawsuit for damages. This evidence can be a strong indicator that the trailing driver’s actions were the cause of the accident and that they should be held accountable for the consequences.
Violations of 21703 VC are treated as traffic infractions in California, carrying specific penalties such as:
- A fine of $238, and
- The addition of 1 point to the driver’s record with the California Department of Motor Vehicles (DMV).
Points on a DMV record are reported to the driver’s auto insurance provider, potentially leading to increased insurance rates for several years.
Are there other important laws for rear-end accidents?
In addition to Section 21703 VC, there are other significant provisions in the California Vehicle Code that are relevant to rear-end collisions:
California Vehicle Code 22350 VC, known as the basic speed law, prohibits driving faster than is reasonable or safe given the current conditions, or at a speed that endangers the safety of persons or property. This law is pertinent in rear-end collision cases where the trailing driver was exceeding the speed limit or driving too fast for conditions. It also applies if the leading driver abruptly brakes for no apparent reason, causing a sudden reduction in speed that could endanger following vehicles.
California Vehicle Code 22100.5 VC relates to making U-turns. It mandates that any driver making a U-turn or left turn must yield the right-of-way to all approaching vehicles moving in the opposite direction. This section can be cited in rear-end accident scenarios where a driver makes a U-turn without allowing sufficient time to accelerate back to a normal speed, leading to a collision with an oncoming vehicle that subsequently rear-ends the turning vehicle.
How often do these auto accidents happen?
Rear-end collisions are among the most frequent types of vehicle accidents in the U.S., but they tend to result in fewer fatalities compared to other kinds of accidents.
Data from the National Highway Traffic Safety Administration (NHTSA) indicates that rear-end collisions constitute 29 percent of traffic accidents that result in serious injuries.
Conversely, the Insurance Information Institute (III) reports that rear-end collisions are responsible for only 7.2 percent of all fatalities on roadways. This statistic underscores the fact that while rear-end collisions are common, they are less likely to be fatal than other types of traffic accidents.
Is tailgating always the cause of a rear-end collision?
While tailgating is a frequent cause of rear-end collisions, it is not the only factor involved. In certain cases, the actions of the driver in the leading vehicle can also contribute to or directly cause the collision.
Scenarios where the trailing driver might cause a rear-end collision without tailgating include:
- Driving under the influence (DUI),
- Distracted driving, such as using a phone,
- Attempting to speed through a red light.
Conversely, the driver of the leading vehicle can also be at fault in a rear-end collision due to actions such as:
- Engaging in road rage by suddenly braking hard,
- Operating a vehicle with malfunctioning brake lights or taillights,
- Reversing into the vehicle behind,
- Unsafely merging onto a road or changing lanes without sufficient space,
- Intentionally slamming on brakes to cause a collision, typically for committing insurance fraud.
Accurately identifying the cause of the accident is crucial for determining fault and liability. Individuals involved in such incidents might consider consulting with a personal injury lawyer or a car accident attorney.
What are some common injuries in these crashes?
Rear-end collisions are known to cause specific types of injuries that may be less common in other types of vehicular accidents. Some of the most frequently reported injuries from rear-end crashes include:
- Whiplash: This is a neck injury caused by the rapid back-and-forth movement of the neck, similar to the cracking of a whip.
- Neck strains: These occur when the muscles or tendons in the neck stretch or tear.
- Muscle strains or tears in the core or around the ribcage: These injuries can happen due to the sudden and forceful impact.
- Concussions: These can occur when a person’s head strikes the headrest or another part of the vehicle during the collision.
- Back injuries: These can range from minor strains to serious spinal injuries, often due to the force exerted on the spine during impact.
These injuries can be debilitating and challenging to treat. Victims of rear-end collisions may need to seek legal assistance to recover compensation for their injuries and property damage.
A local personal injury attorney can provide the necessary legal advice and support to help victims navigate their recovery process.
