California Vehicle Code section 21703 VC is the state law that addresses rear-end collisions, specifically prohibiting drivers from following other vehicles too closely. This practice, known as tailgating, is a common cause of rear-end car accidents. However, it’s important to note that not all rear-end crashes result from tailgating; some may even be the fault of the leading driver.
Main California Law on Rear-End Car Accidents
The main section in the California Vehicle Code (CVC) that deals with rear-end car crashes is 21703 VC. This law penalizes drivers who do not follow other vehicles at a safe distance, commonly known as tailgating. Tailgating is the most frequent cause of rear-end collisions. If the trailing driver receives a ticket for tailgating, they will most likely be held liable for the accident.
21703 VC does not specify exactly how close is too close. Instead, it forbids the driver of a motor vehicle from following “another vehicle more closely than is reasonable and prudent.” A reasonable and prudent following distance depends on:
- the speed of the vehicles,
- road conditions,
- weather conditions,
- the stopping distances of the vehicles, and
- any other relevant circumstances.
If a driver is ticketed for tailgating after a rear-end crash, the leading driver can use the ticket as per se evidence that the trailing driver was negligent in an accident case for compensation. This is a strong indication that the trailing driver’s conduct caused the crash and should be held liable for the results.
Violations of 21703 VC are traffic offenses in California. These infractions carry a fine and other driving penalties. Tickets for tailgating will result in:
- a $238 fine, and
- 1 point being added to the driver’s record with the California Department of Motor Vehicles (DMV).
Points added to a driver’s DMV record are reported to the driver’s auto insurer, leading to increased insurance rates that can last up to several years.
Are there other important laws for rear-end accidents?
Yes, there are other sections in the California Vehicle Code that can become relevant after a rear-end collision.
California Vehicle Code 22350 VC forbids drivers from going faster than is reasonable or safe, or at a speed that endangers others. This is the state’s basic speed law. It can be invoked in a rear-end collision case if the trailing driver was going at an unsafe speed or above the speed limit. It can also be a factor in California car accident cases if the leading driver slams on the brakes for no reason, suddenly dropping their speed low enough to imperil others on the road.
California Vehicle Code 22100.5 VC forbids making a U-turn unless it is safe to do so. This law holds that drivers who turn left or make a complete U-turn must yield the right-of-way to all vehicles coming in the opposite direction. 22100.5 VC can be invoked after a rear-end crash if the driver making the U-turn did not provide enough time to regain their speed after the turn, causing a car in the oncoming traffic to collide into the rear-end of the turning vehicle.
Frequency of Rear-End Collisions
Rear-end collisions are among the most common types of vehicle accidents in the U.S., though they are less likely to be fatal than some other types of accidents.
According to the National Highway Traffic Safety Administration (NHTSA), 29 percent of the car accidents that resulted in a serious injury were rear-end collisions.
However, the Insurance Information Institute (III) estimates that rear-end collisions only account for 7.2 percent of all roadway fatalities.
Is Tailgating Always the Cause of a Rear-End Collision?
While tailgating is the most common cause of a rear-end crash, it is not the only one. In some cases, the driver of the car that gets hit in the rear can be the cause of the crash.
Examples of the rear driver causing a rear-end collision without tailgating include:
- driving under the influence (DUI),
- driving while distracted, or
- trying to run a red light.
Examples of the leading motorist causing a rear-end crash include:
- deliberately braking suddenly in an act of road rage,
- driving with taillights or brake lights that do not work,
- reversing into the car behind them,
- merging onto a road or making a lane change when there is not room to do so safely, and
- intentionally slamming on the brakes to cause a crash in order to commit insurance fraud.
Determining how the accident happened is important for assigning fault and liability. A skilled personal injury lawyer or a car accident lawyer from a local law firm can help victims file an injury claim. A car accident attorney can also help victims file an accident claim with their insurance company for compensation.
Common Injuries in Rear-End Collisions
Rear-end collisions cause certain types of injuries that are relatively rare in other accidents. Some of the most common injuries in rear-end accidents include:
- whiplash,
- neck strains,
- strained or torn muscles in the core or around the ribcage,
- a concussion from hitting the headrest, and
- back injuries.
Some of these injuries can be debilitating and surprisingly difficult to treat. A local personal injury attorney can provide victims with the legal advice they need to recover compensation for their injuries, as well as for their property damage.
