Definition
Following too closely is the traffic violation defined by California Vehicle Code Section 21703 — driving behind another vehicle without maintaining a safe distance sufficient to allow a full stop if the lead vehicle brakes.
In California Rear-End Collision Cases
Following too closely is the most common causal factor in rear-end collisions and the basis for the presumptive negligence finding against rear drivers in California. The National Safety Council recommends at least a 3-4 second following distance at highway speeds and a minimum of 2 seconds at surface-street speeds. A following driver who maintains less than this distance and rear-ends the lead vehicle has strong presumptive liability.
California Law Context
California rear-end collision law applies this concept within the framework of Vehicle Code Section 21703's rebuttable presumption of fault, the eggshell plaintiff rule, pure comparative fault from Li v. Yellow Cab Co. (1975), the two-year statute of limitations under CCP Section 335.1, and uncapped economic and non-economic damages.
Frequently Asked Questions
What is Following Too Closely in California rear-end collision law?
Following too closely is the traffic violation defined by California Vehicle Code Section 21703 — driving behind another vehicle without maintaining a safe distance sufficient to allow a full stop if the lead vehicle brakes.
How does Following Too Closely affect a California rear-end collision claim?
Following too closely is the most common causal factor in rear-end collisions and the basis for the presumptive negligence finding against rear drivers in California. The National Safety Council recommends at least a 3-4 second following distance at highway speeds and a minimum of 2 seconds at surface-street speeds. A following driver who maintains less than this distance and rear-ends the lead vehicle has strong presumptive liability.
How does this interact with California's pure comparative fault system?
Following Too Closely interacts with California's pure comparative fault system from Li v. Yellow Cab Co. (1975) in rear-end collision cases. Even when Following Too Closely reduces or complicates the plaintiff's claim, California's pure comparative fault allows recovery so long as the plaintiff was not 100% at fault. Recovery is reduced proportionally by any plaintiff fault, but the Following Too Closely principle generally operates to preserve the plaintiff's right to recover.