Rear-ended in California?Talk to a lawyer for free.

Most of the time, the driver who hit you. The Vehicle Code bars following more closely than is "reasonable and prudent" and driving faster than conditions allow, and a driver who can't stop in time has usually done one or the other. That's a starting point insurers use in practice, not a legal presumption: when the facts point the other way, the damage, photos, witnesses and video decide.

Stopping for traffic, a light or a person in the road is what drivers are expected to do. The driver in front does have duties: a signal before a sudden stop if there's an opportunity to give one, working brake lights, and lane changes or backing up only when it can be done with reasonable safety. A driver who brake-checks, cuts in and stops short, or backs into the car behind may share the blame, or bear most of it. Breaking a traffic law can raise a presumption that a driver wasn't careful, and even a driver partly at fault still recovers, minus their share.

The damage on both cars, photos of the scene and the brake lights, what witnesses saw, the police report, dash cam or nearby business video, and sometimes the cars' own event data recorders, which can show speed and braking in the seconds before impact. Much of it disappears quickly: video gets recorded over, cars get repaired and memories fade. That's why it helps to call early.

Each driver who helped cause it pays a share. Often the car that struck you was pushed by another car farther back, so its driver may owe little. California splits pain and suffering strictly by each driver's percentage of fault (Civil Code §1431.2); losses with a price tag, such as medical bills and lost pay, are treated differently and can generally be recovered in full from any driver found at fault.

No. The federal health site MedlinePlus notes that whiplash pain may not appear right away, with headache, dizziness, or stiffness in the neck, jaw, shoulders or arms. What matters is a doctor's visit once symptoms appear, so your records tie them to the crash. The deadline to sue is generally two years.

Not always. If no one was injured and the other insurer pays for the repairs, many people handle it on their own. A call makes sense when you were injured, when fault is disputed, or when the offer doesn't cover your care. The consultation is free either way.

Nothing upfront. Your consultation is free, and no attorney's fees are owed unless we recover compensation for you. You may be responsible for case-related costs and expenses; we'll explain them before you sign.