Rear-End Collision Law Glossary

Plain-language definitions of key legal terms in California rear-end collision cases: CVC 21703, whiplash, eggshell plaintiff, comparative fault, UM/UIM, and more.

California Vehicle Code Section 21703

California Vehicle Code Section 21703 prohibits a driver from following another vehicle more closely...

Following Too Closely

Following too closely is the traffic violation defined by California Vehicle Code Section 21703 — dr...

Rebuttable Presumption

A rebuttable presumption is a factual or legal inference that is accepted as true unless disproved b...

Whiplash

Whiplash is a cervical spine injury caused by the sudden hyperextension followed by flexion of the n...

Eggshell Plaintiff Rule

The eggshell plaintiff rule (also called the thin skull rule) is a principle of California tort law ...

Sudden Stop Defense

The sudden stop defense is a rebuttal theory raised by rear drivers in California rear-end collision...

Comparative Fault

California's pure comparative fault system, from Li v. Yellow Cab Co. (1975) 13 Cal.3d 804, allocate...

Uninsured Motorist Coverage

Uninsured motorist (UM) coverage under California Insurance Code Section 11580.2 is auto insurance t...

Underinsured Motorist Coverage

Underinsured motorist (UIM) coverage under California Insurance Code Section 11580.2 pays the differ...

Delta-V

Delta-V (change in velocity) is a measure of the speed change experienced by a vehicle and its occup...

Statute of Limitations

The statute of limitations is the legal deadline for filing a civil lawsuit; missing the deadline re...

Negligence Per Se

Negligence per se is a doctrine under which a violation of a statute or regulation automatically sat...

Diminished Value

Diminished value is the reduction in a vehicle's market value that persists after professional repai...

Pain and Suffering

Pain and suffering is a category of non-economic damages in California personal injury law that comp...

Independent Medical Examination (IME)

An independent medical examination (IME) is a medical evaluation requested by a defendant or their i...

Howell Rule

The Howell rule, from Howell v. Hamilton Meats & Provisions, Inc. (2011) 52 Cal.4th 541, limits plai...

Medical Liens

A medical lien is an agreement between a medical provider and an accident victim to provide treatmen...

Proposition 51

Proposition 51 (California Civil Code Section 1431.2) modified California's joint-and-several liabil...

Event Data Recorder (EDR)

An event data recorder (EDR), or 'black box,' is an electronic device installed in most modern vehic...

Taylor Doctrine

The Taylor doctrine, from Taylor v. Superior Court (1979) 24 Cal.3d 890, established that a drunk dr...