Rear-end Accidents and Liability

Are you ever driving down 880 or 580 in Oakland, with some clown right behind you? This is not only dangerous, and begging for a rear-end accident, but a violation of California Vehicle Code 21703. That section provides 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."

The real question is what is "prudent," and what is "reasonable." The rule of thumb I have always followed is that you remain 1 car length back for every 10 miles per hour you are traveling, giving you time to stop if the person in front of you stops. So if you are traveling at 50 miles per hour, stay 5 car lengths back. This not only gives you time to stop, but gives you time to make a gradual stop, rather than slam on your breaks. This, in turn, allows the person behind you to make a gradual stop, which prevents cars from having to slam on their brakes, stop and bring traffic to a standstill. At least that is what my driver's ed instructor told me in high school.

So what does the law say about this? Well, it turns out my driver's ed instructor was correct. In a case from 1956, the court held that driving 50 feet behind a car traveling 45 miles per hour was not necessarily negligent when it was unable to stop and struck the car in front of it. Clinkscale v. Germerhausen, 302 P.2d. 23 (1956).

Normally, if someone rear-ends you, liability is pretty clear. But as this case shows, even a rear-end accident is not air-tight. So if you are rear-ended, you should consult with an attorney.

Pete Clancy is a personal injury attorney in Oakland. He can be reached at 925-835-7500.