Rear-end collisions might seem straightforward—one driver hits another from behind, so they must be at fault, right? Not always. In California, determining liability in a rear-end crash can be surprisingly complex. At Law Offices of Michael A. Kahn, we help accident victims understand their rights, collect the evidence needed to prove fault, and fight for full compensation after a collision.
Why Rear-End Accidents Are So Common
With congested freeways, distracted drivers, and sudden stop-and-go traffic, it’s no surprise rear-end accidents are among the most frequent crashes in California. The California Office of Traffic Safety reports that distracted driving continues to rise, with texting, navigation apps, and even in-car entertainment systems contributing to delayed reaction times. Common causes include:
- Following too closely (tailgating)
- Distracted or inattentive driving
- Speeding or sudden braking
- Poor weather or low visibility
- Defective brakes or mechanical failure
While most rear-end collisions happen at lower speeds, even minor impacts can cause serious injuries—especially whiplash, concussions, and spinal trauma.
The Presumption of Fault—and Its Exceptions
California law generally presumes the rear driver is at fault for not maintaining a safe following distance. However, this presumption can be challenged if other factors contributed to the crash. For example, the front driver may share some or all of the blame if they:
- Reversed unexpectedly
- Stopped suddenly without reason
- Drove with malfunctioning brake lights
- Cut off another vehicle when changing lanes
Because California follows a pure comparative negligence rule, each driver’s percentage of fault matters. Even if you were partially responsible, you may still recover damages—though your compensation will be reduced by your share of fault.
Proving Liability After a Rear-End Collision
To build a strong claim, Law Offices of Michael A. Kahn gathers every piece of available evidence to reconstruct what happened. This may include:
- Traffic camera or dashcam footage
- Police reports and witness statements
- Vehicle damage patterns
- Cell phone records showing distraction
- Expert testimony from accident reconstruction specialists
Prompt documentation is key. Many drivers mistakenly believe that if the crash seemed “minor,” it’s not worth reporting—but even low-speed collisions can result in hidden injuries and costly vehicle damage later.
Common Injuries and Long-Term Effects
Rear-end collisions frequently cause soft tissue injuries that aren’t immediately obvious. Victims often experience delayed symptoms such as neck stiffness, headaches, dizziness, or back pain. These can worsen over time, leading to chronic conditions that impact daily life and work. More severe cases may involve:
- Herniated discs
- Traumatic brain injuries
- Nerve damage or loss of mobility
- Post-traumatic stress and anxiety behind the wheel
Seeking immediate medical attention not only protects your health—it also creates vital records that support your personal injury claim.
Recoverable Damages in Rear-End Accident Claims
With the help of Law Offices of Michael A. Kahn, victims may be entitled to compensation for:
- Medical expenses and rehabilitation
- Lost wages or diminished earning capacity
- Pain and suffering
- Property damage
- Future care and therapy costs
In cases of reckless or impaired driving, punitive damages may also apply to hold the negligent driver fully accountable.
Why Legal Representation Matters
Insurance companies often minimize payouts for rear-end accidents, claiming injuries aren’t serious or that the victim stopped too abruptly. An experienced California personal injury attorney can counter these tactics by presenting evidence that clearly shows negligence. At Law Offices of Michael A. Kahn, we understand how insurers operate and know how to negotiate aggressively—or take your case to trial if necessary.
If you’ve been rear-ended, don’t assume it’s a simple claim. Contact Law Offices of Michael A. Kahn today at (310) 209-1600 for a free consultation and learn how we can help you recover the compensation you deserve.
