Rear-End Collision
California Vehicle Code Section 21703 prohibits following too closely and creates a presumption that the rear driver is at fault in a rear-end collision. This presumption shifts the burden t...
Rear-End Collision guide →Legal Information Notice
This page provides general legal information about rear-ended by a distracted driver claims in California. It is not legal advice. Consult a licensed California attorney for guidance specific to your situation.
Rear-Ended by a Distracted Driver: Overview Under California Law
Distracted driving — texting, phone use, and other in-car distractions — is a primary cause of rear-end collisions. California Vehicle Code Sections 23123 and 23123.5 prohibit handheld cellphone use while driving. A driver who rear-ended you while texting has violated both the CVC and the duty of care, creating a strong negligence case potentially supporting punitive damages if the conduct was sufficiently egregious.
California rear-end collision law is governed primarily by Vehicle Code Section 21703 (following too closely), the rebuttable presumption of fault against the rear driver, and California's pure comparative fault system from Li v. Yellow Cab Co. (1975). The victim's recovery encompasses all economic damages (medical expenses, lost wages, property damage) and non-economic damages (pain and suffering, emotional distress) without any cap under California personal injury law.
CVC 21703 and the Presumption of Fault
California Vehicle Code Section 21703 prohibits following another vehicle more closely than is reasonable and prudent. In a rear-end collision, a rebuttable presumption arises that the following driver violated this statute. The following driver must produce evidence to rebut the presumption — typically a sudden, unexpected stop by the lead driver or an emergency — failing which the presumption stands and establishes the following driver's negligence.
"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."
Comparative Fault in Rear-Ended by a Distracted Driver Cases
California's pure comparative fault system allows recovery even if the rear-end victim was partly at fault — for example, by stopping abruptly or driving with non-functional brake lights. The victim's recovery is reduced proportionally by their fault percentage but is not eliminated. In multi-vehicle rear-end cases, Proposition 51 (Civil Code Section 1431.2) allocates non-economic damages among defendants proportionally while maintaining joint and several liability for economic damages.
Damages Available After a Rear-Ended by a Distracted Driver
California rear-ended by a distracted driver victims can recover: all past and future medical expenses; lost wages and earning capacity; vehicle property damage including diminished value; non-economic damages (pain, suffering, emotional distress, loss of enjoyment of life) — uncapped in California; and punitive damages under Civil Code Section 3294 when the rear driver's conduct constitutes malice (DUI, intentional brake-check, reckless speed).
Statute of Limitations
Two years from the date of the accident under CCP Section 335.1. Government entity claims: six months under Government Code Section 945.4. Minor victims: tolled until age 18 under CCP Section 352. Missing these deadlines permanently bars the claim.
Critical Evidence in Rear-Ended by a Distracted Driver Cases
- Police report — Establishes the official record of the accident, the parties, and any citations issued for following too closely or other violations
- Medical records from the accident date — Emergency department or urgent care records creating a contemporaneous medical record tied to the collision
- Photographs — Both vehicles, the accident scene, skid marks (or absence thereof), and all visible injuries
- Dashcam footage — From your vehicle or others at the scene; establishes the following driver's behavior before impact
- Witness information — Names and contact information for all witnesses at the scene, including bystanders
- Event data recorder (EDR) data — Speed, braking, and throttle data in the seconds before impact; request preservation immediately for commercial vehicles
- Cell phone records — Obtainable through discovery to establish distracted driving if the rear driver was texting
Frequently Asked Questions — Rear-Ended by a Distracted Driver
Is texting while driving illegal in California?
Yes. California Vehicle Code Section 23123.5 prohibits writing, sending, or reading a text message or email while operating a motor vehicle. This applies to all handheld use of a wireless device while driving. A driver who was texting and rear-ended your vehicle violated CVC Section 23123.5, establishing negligence per se — the violation alone satisfies the negligence element of the civil claim.
How do I prove the rear driver was texting when they hit me?
Evidence of distracted driving includes: cell phone records obtained through subpoena showing texts, calls, or app activity at the time of the accident; witnesses who observed the driver looking at a phone before the collision; the driver's own admissions at the scene; dashcam footage showing the driver looking down before braking; and the absence of any skid marks indicating the driver did not brake before impact.
Can I subpoena the other driver's cell phone records?
Yes, through civil discovery after filing a lawsuit. A properly issued subpoena to the wireless carrier can obtain timestamped records of all texts, calls, and data activity for the device at the time of the accident. Courts routinely grant these requests in distracted driving cases. The cell phone carrier typically requires a court order to produce records.
Does distracted driving support punitive damages in California?
Possibly. Punitive damages under California Civil Code Section 3294 require clear and convincing evidence of malice, oppression, or fraud. Courts are divided on whether texting while driving meets this standard. Evidence that the driver was aware of anti-texting laws, had prior citations, or was engaged in extended phone use (not a brief glance) can support a punitive damages claim. Each case is fact-specific.
What if the driver was looking at a GPS or other app when they rear-ended me?
Any use of a handheld wireless device while driving violates CVC Section 23123.5, which covers all handheld use including navigation apps, social media, music apps, and email — not only texting. Navigation use on a dashboard mount is legal; handheld use of any app is not. Cell phone records showing app activity at the time of the accident establish the violation.
How long do I have to file a distracted driving rear-end accident claim?
Two years from the date of the accident under CCP Section 335.1. Cell phone records from wireless carriers are subject to varying retention periods — subpoenas for records should be issued as early as possible in the litigation to prevent loss of key evidence.
Related Rear-End Situations
Whiplash / Soft-Tissue Injury
Whiplash is the most common injury in rear-end collisions, caused by the sudden hyperextension-then-flexion motion of the neck and spine. Despite its frequency, whiplash is one of the most c...
Whiplash / Soft-Tissue Injury guide →Chain-Reaction / Multi-Car Pileup
Multi-vehicle chain-reaction rear-end pileups create complex liability questions: which driver's initial impact caused the chain reaction, how liability is allocated among multiple drivers w...
Chain-Reaction / Multi-Car Pileup guide →