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One of the most common types of car accidents we get are rear-end accident cases.  Although it is normally the driver in the rear or back to be at fault, under California law there are other factors that are considered to determine overall fault. If you’ve been involved in a rear-end car accident in Orange, knowing your legal rights can make a difference in obtaining the maximum compensation. California Law and Rear-End Accident Liability Usually, the rear driver is presumed to be at fault. The reason this is the usual presumption is that the drivers must maintain a safe distance between vehicles to prevent accidents. Such distance creates adequate space for the drivers to abruptly stop. This distance between the vehicles is important in overall liability. Legal  Fault Doctrine Duty of Care – Drivers owe a duty of overall care for their vehicle’s safety and avoid causing harm to others. Breach of Duty – Failing to maintain a safe distance is a breach of duty. Causation – Breach of duty causes accidents and injuries. Damages – You must prove the accident led to your injuries to receive compensation. Some Exceptions: When the Rear Driver Is Not at Fault While the rear driver is often held liable, there are some exceptions to this overall rule. Sudden or Abrupt Stops If the lead driver suddenly and abruptly slammed on their brakes, they could be partially at fault. However, the rear driver must still prove that the stop was unreasonable and unexpected. Sometimes, […]