Determining Fault in Rear-End Collisions

Rear-ended accidents are the most common types of accidents on the roads in California, and throughout the United States. In 2025, these types of accidents accounted for approximately 23 percent of all motorcycle vehicle accidents. Many people believe that rear-end accidents are very minor but that is not true. These crashes also caused approximately 2,000 injuries and nearly one million deaths in 2025.

Many people assume that the fault for a rear-end collision lies with the driver who crashed into another vehicle from behind. This is not true, though. Determining fault in rear-end collisions requires a careful analysis of the facts and an in-depth knowledge of the law. Our Riverside car accident lawyer explains further below.

When Does Rear End Collision Fault Lie with the Rear Driver?

In the majority of cases, the rear driver who crashed into someone else’s car in front of them is at fault for these types of accidents. The most common causes of these accidents are as follows:

• Failure to leave enough distance between one’s vehicle and another in front of it
• Failure to operate a vehicle safely in inclement weather, such as slowing down
• Following another vehicle too closely
• Impaired driving
• Distracted driving

All motorists are expected to maintain a safe distance between their vehicle and the one in front of them. For this reason, rear drivers are generally presumed to be at fault in the event of a crash. Still, it is important to work with a Riverside car accident lawyer who can determine who is at fault when rear-ended.

When Does Rear End Collision Fault Lie with the Front Driver?

Although rear drivers are usually found liable for a rear-ended accident, there are times when the front driver is found at fault. These include when front drivers:

• Brake checks, or repeatedly use their brakes, usually to get a driver behind them to stop following too closely
• Malfunctioning tail lights or signals
• Sudden and unsafe lane changes
• Failing to signal when changing lanes
• Unexpected and sudden stopping or slowing down

In the above instances, the driver in front will be found at least partly liable for causing a crash. In the above instances, it is even more difficult to determine who is at fault when rear-ended.

Comparative Negligence in California

Because both drivers can be found at fault for a rear-ended accident, it is important to know the comparative negligence law in California. Under this law, motorists can file a compensation claim even if they are found to be 99 percent at fault for a crash.

For example, a driver in the rear may be following the vehicle in front of them too closely. Annoyed, the front driver may start brake-checking them to get them to leave more room. Both of these are against the law in California, so each driver would likely be assigned a percentage of fault. The rear driver may be assigned 80 percent of the rear-end collision fault for following another vehicle too closely. The brake-checking driver may be assigned 20 percent of the rear-end collision fault because California has strict regulations regarding this practice.

If the front driver was awarded $50,000, they would only receive $40,000 because their damages would be reduced by the same 20 percent of the fault. The other driver, on the other hand, could also file a claim for compensation to recover 20 percent of their losses for the other driver’s negligence.

It is not always worthwhile to file a claim simply because the law allows it under the comparative negligence law. For instance, if someone was 99 percent at fault for an accident, it may not be practical to file a claim for the remaining 1 percent of damages.

How to Prove Rear-End Collision Fault

Determining rear-end collision fault is never easy. However, this is a critical step in the process as it will ensure you receive the full and fair damages you deserve. When proving your case, you must establish that another driver owed you a duty of care, that the duty was breached, and that the breach of duty directly caused the accident that resulted in injuries. You will have to present strong evidence to prove these elements of your case. Some of the strongest types of evidence used in these cases are as follows:

• Police accident reports indicating the fault
• Photographs of the accident scene, damage to all vehicles, and your injuries
• Statements and testimony from eyewitnesses
• Expert testimony
• Auto repair bills
• Medical expenses

It is not always easy to determine what evidence can prove your claim after being hurt in a rear-ended accident. It is even harder to collect it. It is critical to speak to a Riverside car accident lawyer who can handle these tasks on your behalf.

Call Our Car Accident Lawyer in Riverside for a Free Case Evaluation

People think the aftermath of a rear-end collision is fairly straightforward, but it is not. Determining liability can become extremely complex. At The JLF Firm, our Riverside car accident lawyer can review the facts of your case to determine who is liable for paying the full damages you deserve and will collect the necessary evidence to prove your case. Contact us to schedule a free case evaluation with our experienced attorney and to learn more about how we can help.