FREE Case Review (866) 588-0600

California Rear-End Accident Laws (CVC 21703): What to Know

According to California Vehicle Code (CVC) section 21703, the driver of a motor vehicle must not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of the vehicles and the traffic on, and the condition of, the roadway. If a driver fails to maintain a safe following distance and causes a rear-end collision, they may be found at fault for the accident.
Awards & recognition
C.L. Mike Schmidt Published by C.L. Mike Schmidt

Rear-Ended in California? Know Your Rights and How to Protect Yourself

If you have been rear-ended in California, understanding your legal rights and responsibilities can help you navigate the aftermath effectively. This guide covers:

  • Your legal protections under CVC 21703
  • Steps to take after a rear-end collision
  • How to maximize your compensation
  • Common insurance company tactics and how to handle them

Vehicle Code § 21703 VC – Following Too Closely (Tailgating)

According to SCLG, Vehicle Code § 21703 VC is the California statute that prohibits drivers from following the vehicle in front too closely, or tailgating. A ticket for this traffic offense is an infraction that carries a fine of $238.00 plus court costs [1].

The California Vehicle Code Section 21703 prohibits drivers from following another vehicle more closely than is reasonable and prudent, taking into account the speed of the vehicle, traffic conditions, and road conditions. This violation is often referred to as 21703 VC or 21703 CVC in citations.

Here are five key points to understand about this law:

  • Following too closely is determined based on the specific circumstances of each case.
  • Legal defenses are available for those accused of violating VC 21703, and an attorney can help fight the charge.
  • The fine for violating Vehicle Code 21703 is $238.
  • Tailgating can result in one point being added to the driver’s DMV record, and accumulating points can lead to a license suspension.
  • Ignoring a California ticket for following too closely can result in a charge of failure to appear, which can be a misdemeanor under Vehicle Code 40508 VC.

Immediate Action Steps After a Rear-End Accident

  1. Document the Scene: Take photos of vehicle damage, road conditions, and any injuries.
  2. Interact Carefully With the Other Driver: Exchange information but avoid admitting fault.
  3. Seek Medical Attention: Even minor collisions can cause injuries like whiplash.
  4. Contact Law Enforcement: A police report can help in insurance claims and legal proceedings.
  5. Avoid Common Mistakes: Do not give recorded statements to insurance adjusters before consulting an attorney.

Common Causes and Injuries in Rear-End Accidents

Frequent Causes:

  • Distracted driving (phone use, eating, adjusting controls)
  • Sudden braking by the front vehicle
  • Tailgating and following too closely
  • Speeding and failing to adjust for road conditions

Typical Injuries:

  • Whiplash and soft tissue damage
  • Back and spinal cord injuries
  • Head trauma and concussions
  • Fractures and joint injuries

Understanding the Three-Second Rule in California

The three-second rule is a guideline to maintain a safe following distance:

  • Pick a landmark and count three seconds after the vehicle ahead passes it.
  • If your car reaches the landmark before three seconds, increase the distance.
  • Adjust for weather and road conditions to prevent rear-end collisions.

Also Read: What Do VC, PC, and HS Mean in California Booking Documents?

What are Right-of-Way Laws in California?

According to DMV, right-of-way rules help you understand who goes first when vehicles, pedestrians, and bicyclists meet on the road. The vehicle that arrives to the intersection first has the right-of-way. Other vehicles, bicyclists, and pedestrians must wait for the person who has the right-of-way. Never assume that other drivers will give you the right-of-way. Give up your right-of-way when it will help prevent collisions [2]

Intersections are key areas where right-of-way rules come into play. Controlled intersections have signs or traffic signals, while uncontrolled and blind intersections do not. Before entering any intersection, carefully check for vehicles, bicyclists, and pedestrians from all directions. Pedestrians always have the right of way.

Here are some key right-of-way rules at intersections:

  • At intersections without STOP or YIELD signs, the first vehicle to arrive has the right-of-way. If vehicles arrive simultaneously, yield to the vehicle on your right.
  • At T intersections without signs, vehicles on the through road have the right-of-way.
  • When turning left, yield to pedestrians and oncoming vehicles that pose a risk.
  • When turning right, watch for pedestrians, motorcycles, and bicycles.
  • When a green traffic signal is present, proceed with caution, always giving priority to pedestrians.
  • When entering traffic, yield to vehicles already in the lanes and avoid blocking intersections.
  • Understanding and following right-of-way rules helps ensure safe and orderly traffic flow, reducing the risk of accidents.

Also Read: Is Brake Checking Illegal?

California Traffic Accident Statistics

According to the most recent data from the California Office of Traffic Safety [3]:

  • In 2019, California saw a total of 3,316 crashes resulting in fatalities or injuries involving drivers under the influence of alcohol or drugs.
  • The state recorded 3,606 traffic accident fatalities in 2019.
  • Los Angeles County had the highest number of traffic fatalities in 2019, with 664 deaths, followed by Riverside County with 262 deaths and San Diego County with 258 deaths.
  • The leading primary factor in fatal and injury crashes in California in 2019 was unsafe speed, followed by improper turning.
  • California witnessed 14,008 pedestrian-involved collisions and 7,031 bicycle-involved collisions in 2019, leading to 893 pedestrian fatalities and 155 bicyclist fatalities.

Insurance Company Tactics in Rear-End Cases

Insurance companies often try to minimize payouts by:

  • Blaming partial fault on the victim
  • Downplaying injuries as minor or unrelated
  • Delaying claims to pressure victims into low settlements

How to Protect Yourself:

  • Document everything, including medical visits and repair estimates.
  • Consult a lawyer before signing any insurance agreements.
  • Be cautious of early settlement offers, as they often undervalue your claim.

Compensation Guide: What Can You Recover?

If you have been rear-ended, you may be eligible for compensation covering:

  • Medical expenses (ER visits, therapy, ongoing care)
  • Lost wages (including potential future earnings)
  • Property damage (car repairs or replacement)
  • Pain and suffering (physical and emotional distress)
  • Punitive damages (in cases of gross negligence)

Settlement amounts vary based on injury severity, liability, and insurance coverage.

FAQs

What happens if I am rear-ended in California?

If another driver hits you from behind, they are usually at fault. Document the accident, seek medical care, and consult an attorney to ensure fair compensation.

Can I still recover damages if I was partially at fault for a rear-end collision?

Yes, California follows comparative negligence laws, meaning you can recover damages even if partially at fault, but your compensation may be reduced.

How long do I have to file a claim after a rear-end accident?

The statute of limitations for personal injury claims in California is two years from the accident date. If filing a property damage claim, the limit is three years.

Related Articles:

See all related car accident lawsuits our attorneys covered so far.

Get a Free Lawsuit Evaluation With Our Lawyers

The Litigation Group at Schmidt & Clark, LLP is an experienced team of trial lawyers that focuses on the representation of plaintiffs in lawsuits. We are handling individual litigation nationwide and currently accepting new legal challenges in all 50 states.

If you or a loved one was involved with these matters, you should contact our law firm immediately for a free case evaluation. You may be entitled to a settlement by filing a suit and we can help.

References:

1. https://www.shouselaw.com/ca/defense/vehicle-code/21703/
2. https://www.dmv.ca.gov/portal/handbook/california-driver-handbook/laws-and-rules-of-the-road/
3. https://www.victimslawyer.com/blog/statistics-on-traffic-accidents-in-california/

Free Confidential Case Evaluation

Verified 100% Secure SiteTo contact us for a free review of your potential case, please fill out the form below or call us toll free 24 hrs/day by dialing: (866) 588-0600.