"I've been rear-ended by an Uber driver. Who is at fault?"
According to data provided by the California Public Utilities Commission, the agency that regulates Uber in California, rear-end collisions by Uber drivers is one of the most common types of accidents caused by Uber drivers in the state.
Typically, when an Uber driver has rear-ended you, it means that he or she has violated veh code § 21703, which says:
The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicle and the traffic upon, and the condition of, the roadway.
Unless you stopped or suddenly decreased your speed without signaling (for example, in violation of veh code § 21703), which Uber will often claim without any supporting evidence (i.e., with only the word of the Uber driver), this means that the Uber driver is generally at fault for rear-ending you, and that Uber (and the Uber driver) is liable to you for your injuries.
Other favorable presumptions under California law may come into play if you were stopped at a stop sign (Alarid v Vanier (1958) 50 C2d 617, 625); stopped at a signal (Beck v Kessler (1965) 235 CA2d 331, 337; Ponce v Black (1964) 224 CA2d 159, 162); or moving (Pacific Greyhound Lines v Querner (1960) 187 CA2d 190, 193).
If you or a loved was rear-ended by an Uber driver and injured, contact us at (949) 482-1850 to get a free, immediate evaluation of your claim against Uber.