Rear-end collisions are unfortunately a common occurrence on California roads, but did you know that the person who rear-ends another vehicle is almost always at fault? According to California Vehicle Code sections 22350, 21717, and 21717, the person who drove too fast and couldn’t stop in time is the one who bears the responsibility for the accident. Below we explain these important California laws.
California Vehicle Code 22350
First, let’s look at CVC 22350, which states that “No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed which endangers the safety of persons or property.” In other words, you must always drive at a speed that is safe for the conditions. If you’re rear-ended, it’s likely that the person who hit you was going too fast for the conditions.
California Vehicle Code 21717
Next, CVC 21717 states that “The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicle and the traffic upon, and the condition of, the roadway.” This means that you must always leave enough space between you and the vehicle in front of you to safely stop if they suddenly slow down or stop. If you’re rear-ended, it’s likely that the person who hit you was following too closely.
California Vehicle Code 21718
Finally, CVC 21718 states that “The driver of a motor vehicle shall not drive to the left side of the roadway under the following conditions: (a) When approaching or upon the crest of a grade or upon a curve in the highway where the driver’s view is obstructed within such distance as to create a hazard in the event another vehicle might approach from the opposite direction.” This means that you must always stay to the right of the road when going up a hill or around a curve where visibility is limited. If you’re rear-ended, it’s likely that the person who hit you was on the wrong side of the road.
If You’re Rear-Ended, It’s Not Your Fault
All in all, these sections of the California Vehicle Code make it clear that the person who rear-ends another vehicle is almost always at fault. Keep in mind that there are some exceptions to when
if you find yourself in a rear-end collision, don’t blame yourself. Instead, focus on getting the medical attention you need, and contact a personal injury attorney to help you get the compensation you deserve. It is also important to gather evidence such as photos of the accident and contact information of the other driver and any witnesses.
Rear End Collision Lawyer
Rear-end collisions can be a traumatic experience. An experienced personal injury lawyer can help alleviate some of the stress. And an expert attorney can use these sections of California Vehicle Code in your favor. As such, don’t hesitate to seek legal help if you find yourself in a rear-end collision.