A rear-end collision can happen in seconds, but the aftermath can stretch on for months. Between medical appointments, insurance calls, and missed work, the process is overwhelming before it even gets started. If you were hit from behind in San Diego, understanding where you stand legally is one of the most important steps you can take right now.
The Law Office of Kevin Lemieux, APC, represents rear-end collision victims throughout San Diego. Call (619) 488-6767 or contact us online for a free consultation.
Who Is at Fault in a Rear-End Collision?
In most rear-end accidents, the driver who struck from behind is found at fault. California law requires drivers to maintain a safe following distance under Vehicle Code § 21703, and a driver who rear-ends another vehicle has generally failed to do that.
That said, fault in rear-end collisions is not always one-sided. California’s pure comparative fault rule, established in Li v. Yellow Cab Co., means fault is apportioned based on each driver’s percentage of responsibility for the accident. The driver in front may bear some responsibility if they cut off another driver, had non-functioning brake lights, or stopped suddenly without cause. Insurance companies often look for any reason to assign partial fault to the injured party, which can affect the outcome of your claim.
Our attorneys will thoroughly investigate the accident rather than accept the insurer’s version of events. This makes a real difference in how fault is ultimately determined.
Common Injuries in Rear-End Accidents
Rear-end collisions are one of the most common sources of serious injury on San Diego roads, even at low speeds. The sudden forward-and-backward motion of the body on impact places significant strain on the neck, spine, and soft tissues.
Injuries commonly seen in rear-end collisions include:
- Whiplash and soft tissue injuries to the neck and upper back
- Herniated or bulging discs in the cervical (neck) or lumbar (lower back) spine
- Traumatic brain injury from the head striking the headrest, steering wheel, or window
- Shoulder injuries from bracing against the steering wheel at impact
- Facial injuries from airbag deployment
- Wrist and hand fractures from gripping the wheel
- Aggravation of pre-existing spinal conditions
One important thing to understand about rear-end collision injuries is that symptoms do not always appear immediately. Whiplash, disc injuries, and concussions can take hours or days to surface. Seeking medical attention right after the accident, even if you feel okay, creates a record connecting your injuries to the crash.
What Legal Options May Be Available
If your rear-end collision was caused by another driver’s negligence, our attorneys can help you understand the types of losses that may factor into your case.
Our attorneys help document the full impact of your accident, including:
- Medical care: Emergency treatment, imaging, physical therapy, and future treatment needs.
- Time away from work: The effect missed work has had on you and your family.
- Vehicle damage: The cost of repairing or replacing your car.
- Physical and emotional toll: How the accident has affected your day-to-day life and wellbeing.
- Impact on activities and relationships: Effects on the things and people you valued before the accident.
How these factors apply depends on the evidence supporting your case and how it is presented, which is why our attorneys focus on building a thorough record from the start.
How Insurance Companies Handle Rear-End Collision Claims
Insurance companies move quickly after car accidents, and their process is not designed with you in mind. An adjuster may contact you within days, asking for a recorded statement or requesting access to your medical records.
It is important to understand your rights before responding to any of these requests, especially while you are still receiving treatment.
What to keep in mind when dealing with insurers:
- Recorded statements: Not required for the other driver’s insurance company.
- Medical authorizations: Broad access to records can be used against you.
- Adjusters: They work for the insurance company, not for you.
Why The Law Office of Kevin Lemieux’s Trial Readiness Matters in Your Case
Most personal injury cases settle before trial, but the cases that resolve most favorably are typically the ones where the other side knows the attorney is prepared to go the distance. Insurance companies respond differently based on how serious they believe opposing counsel is about going to court.
Attorney Kevin Lemieux and our firm have been handling personal injury cases in San Diego since 2003, and our approach is built around trial preparation from day one. We thoroughly investigate car accident cases, work with medical professionals to document injuries, and build cases that hold up under scrutiny. That preparation does not just serve clients if a case goes to trial. It shapes every negotiation along the way.
We handle rear-end collision cases, and we do not take a one-size-fits-all approach. Your injuries, your circumstances, and the impact this accident has had on your life are specific to you, and your case is treated that way.
Frequently Asked Questions About San Diego Rear-End Collision Cases
How Long Do You Have to File a Rear-End Collision Claim in California?
In most cases, California’s statute of limitations gives you two years from the date of the accident to file under Code of Civil Procedure § 335.1. If a government vehicle was involved, you have six months to file a government tort claim. Waiting too long can bar your ability to recover anything, so acting promptly is important.
What Should You Do If the Other Driver’s Insurance Contacts You Directly?
Do not give a recorded statement or agree to anything before speaking with an attorney. The other driver’s insurer is not on your side, and anything you say can be used to reduce or deny your claim. You are not legally obligated to cooperate with their investigation.
Can You Still Pursue a Claim If You Did Not Call the Police After the Accident?
Yes, though a police report does strengthen a claim by creating an official record of the accident. Without one, you will need to rely on other evidence, including photos, witness statements, medical records, and any communications with the other driver. The absence of a police report does not prevent you from filing a claim, but documenting everything you can right away becomes even more important.
Talk to Our Rear-End Collision Lawyers in San Diego
If you were injured in a rear-end accident in San Diego, do not let the insurance process run without you. The decisions made in the weeks following an accident have a real impact on the outcome of your case.
The Law Office of Kevin Lemieux, APC, offers free consultations for rear-end collision victims throughout San Diego. Call (619) 488-6767 or contact us online today.
A rear-end collision can happen in seconds, but the aftermath can stretch on for months. Between medical appointments, insurance calls, and missed work, the process is overwhelming before it even gets started. If you were hit from behind in San Diego, understanding where you stand legally is one of the most important steps you can take right now.
In most rear-end accidents, the driver who struck from behind is found at fault. California law requires drivers to maintain a safe following distance under 
