Definition
California Vehicle Code Section 21703 prohibits a driver from following another vehicle more closely than is reasonable and prudent, having due regard for the speed of the vehicle ahead and the traffic and condition of the highway.
In California Rear-End Collision Cases
CVC 21703 is the foundation of rear-end collision liability in California. When a rear-end collision occurs, courts apply a rebuttable presumption that the following driver violated Section 21703. This presumption shifts the burden of proof: the following driver must show an emergency or sudden stop by the lead driver, rather than the victim needing to prove the driver was following too closely.
California Law Context
California rear-end collision law applies this concept within the framework of Vehicle Code Section 21703's rebuttable presumption of fault, the eggshell plaintiff rule, pure comparative fault from Li v. Yellow Cab Co. (1975), the two-year statute of limitations under CCP Section 335.1, and uncapped economic and non-economic damages.
Frequently Asked Questions
What is California Vehicle Code Section 21703 in California rear-end collision law?
California Vehicle Code Section 21703 prohibits a driver from following another vehicle more closely than is reasonable and prudent, having due regard for the speed of the vehicle ahead and the traffic and condition of the highway.
How does California Vehicle Code Section 21703 affect a California rear-end collision claim?
CVC 21703 is the foundation of rear-end collision liability in California. When a rear-end collision occurs, courts apply a rebuttable presumption that the following driver violated Section 21703. This presumption shifts the burden of proof: the following driver must show an emergency or sudden stop by the lead driver, rather than the victim needing to prove the driver was following too closely.
How does this interact with California's pure comparative fault system?
California Vehicle Code Section 21703 interacts with California's pure comparative fault system from Li v. Yellow Cab Co. (1975) in rear-end collision cases. Even when California Vehicle Code Section 21703 reduces or complicates the plaintiff's claim, California's pure comparative fault allows recovery so long as the plaintiff was not 100% at fault. Recovery is reduced proportionally by any plaintiff fault, but the California Vehicle Code Section 21703 principle generally operates to preserve the plaintiff's right to recover.