Not always. While the rear driver is usually presumed at fault for following too closely, there are exceptions—especially during the hectic holiday season when roads are crowded and weather can be unpredictable.

For example:

• If the front driver stopped suddenly for no reason or had malfunctioning brake lights, they could share some fault.
• If a third driver caused a chain reaction (like pushing one car into another), liability could shift to that driver.

California uses comparative fault, which means more than one person can share responsibility. A skilled attorney can help uncover evidence—like dash cam footage or witness statements—to show what really happened.

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