Rear-End Crash Claims in Bakersfield

Searching for a Bakersfield DUI accident lawyer often starts after a crash that left you hurt. A rear-end collision can be a civil injury claim, even when an impaired driver caused it. This page explains how these claims work in Bakersfield and Kern County, and what to do next.

What a Rear-End Collision Claim Covers

A rear-end collision claim is a personal injury claim. It is brought by someone hurt when one vehicle strikes the back of another.

Rear-end crashes happen at traffic lights, in stop-and-go traffic, on highways, and in parking lots. They can injure drivers, passengers, motorcyclists, and pedestrians.

These cases differ from many others. The impact often comes without warning. A stopped driver may not have braced for it, so injuries can be worse than the damage to the car suggests.

Colvin Accident Lawyers is based in Bakersfield, California. The firm represents accident victims and families in Kern County and nearby communities, including Fresno, Visalia, Lancaster, Palmdale, Delano, and Tehachapi.

Who Is at Fault in a Rear-End Crash

Fault turns on the facts of each crash, and California law starts with the following driver’s duty. Under Cal. Veh. Code § 21703, a driver may not follow another vehicle more closely than is reasonable and prudent.

That standard considers speed, traffic, and road conditions. Investigators look at following distance, braking, weather, and any sudden stop or lane change by the front vehicle.

Evidence that often shows fault includes:

• Photos of both vehicles and the scene
• Dashcam or traffic camera footage
• Damage patterns on each car
• Witness statements
• The police report

Insurers often argue that the front car stopped suddenly or reversed. Those claims get tested against the physical evidence, not just one driver’s account.

California also allows a presumption of negligence in some cases. Under Cal. Evid. Code § 669, a person who violated a statute, ordinance, or regulation of a public entity may be presumed to have failed to exercise due care if the violation proximately caused death or injury, the death or injury resulted from an occurrence of the nature the rule was designed to prevent, and the injured person was one of the class the rule protects. That presumption can be rebutted.

Injuries and Losses Documented in Rear-End Claims

A rear-end claim can include medical bills, lost income, vehicle damage, and pain and suffering. Bills and wage losses are money losses you can document. Pain, emotional distress, and loss of companionship are harder to put a number on.

Common injuries after rear impacts include:

• Neck and back strain, including whiplash
• Disc injuries
• Shoulder injuries
• Headaches and concussion
• Injuries to passengers and motorcyclists

Symptoms can appear hours or days later. Early medical evaluation and steady treatment help document the link to the crash. Keep every bill, appointment record, and prescription receipt.

The CMS recovery process explains how that works.

When a crash causes a death, Code Civ. Proc. § 377.60 lists who may bring the claim. These include a surviving spouse, domestic partner, children, and issue of deceased children; if there are no surviving issue, those who would inherit by intestate succession; certain dependents, such as a putative spouse, stepchildren, or parents; certain minors who lived in the household; or the decedent’s personal representative on their behalf.

The value of any claim depends on the facts. Injuries, treatment, evidence, and the details of the crash all matter.

Hit-and-Run and Impaired Drivers Who Rear-End You

A driver who hits you and leaves the scene can still face a civil injury claim. The same is true when the at-fault driver was impaired. A Bakersfield DUI accident lawyer can review both paths.

Under Cal. Veh. Code § 20001, a driver in an injury crash must immediately stop at the scene. If the crash causes death or permanent, serious injury, criminal penalties can include state prison. The statute defines permanent, serious injury as the loss or permanent impairment of function of a body part or organ.

Hit-and-run drivers can often be traced. Police work, nearby cameras, vehicle debris, paint transfer, and witnesses all help.

Under Cal. Veh. Code § 23153, it is unlawful to drive under the influence of alcohol or drugs, or with a blood alcohol level of 0.08 percent or more (0.04 percent for commercial drivers or with a passenger for hire), and, while driving, commit an act forbidden by law or neglect a legal duty in driving that proximately causes bodily injury to another person. A criminal DUI case is separate from your civil injury claim.

One rule matters if you were impaired. Under Cal. Civ. Code § 3333.4, an injured person convicted of DUI at the time of the crash generally cannot recover non-economic losses.

If the at-fault driver has no insurance, uninsured motorist coverage may apply. Under Ins. Code § 335.1, that claim requires action within two years from the date of the accident.

How Your Rear-End Collision Claim Proceeds

A rear-end claim usually moves through five steps, from medical care to a lawsuit if needed.

1. Get medical care. Keep every record, appointment, and receipt.
2. Report the crash. The California Department of Insurance guide explains reporting and documenting injuries and expenses.
3. Gather evidence. Collect photos, the police report, witness contacts, repair estimates, and wage records.
4. Pause before a recorded statement. Talk with a lawyer before you give one to the other driver’s insurer.
5. Negotiate, then file if needed. The firm reviews fault, coverage, and losses, then negotiates with insurers. If talks fail, a lawsuit must be filed on time.

Most injury claims have a deadline. Under Code Civ. Proc. § 335.1, the two-year limit applies to actions for injury caused by another’s wrongful act or neglect. The California Courts Self-Help Guide notes that exceptions and tolling can apply.

Why Work With Colvin Accident Lawyers

Colvin Accident Lawyers is a Bakersfield personal injury firm. It handles car, truck, motorcycle, bicycle, pedestrian, bus, train, dog bite, premises liability, catastrophic injury, and wrongful death cases.

Donald Norman Colvin is the responsible lawyer for this site. Our team includes support staff who help clients with records, insurers, and scheduling.

Your first conversation focuses on what happened. You describe the crash, your injuries, your medical care, and any insurance contacts. The firm then explains your next steps in plain language.

Rear-End Collision Questions Answered

Most questions come down to fault, deadlines, and symptoms that show up later.

Talk With Colvin Accident Lawyers About Your Rear-End Crash

If you’re looking for a Bakersfield DUI accident lawyer after a rear-end crash, you don’t have to sort out the next steps alone. If you’re hurt, facing medical bills, or fielding calls from the other driver’s insurer, the team at Colvin Accident Lawyers can review your crash facts and your deadlines. Contact us now to talk through your situation.

Colvin Accident Lawyers, Bakersfield, California — responsible for this site: Donald Norman Colvin.