Sometimes, a crash doesn’t end with just one impact. Often, in the confusion, drivers slam on their brakes, debris scatters across lanes, and a second collision unfolds before anyone has time to react.

Secondary crashes are common on California’s high-speed corridors like I-5, I-80, and Highway 101, where sudden slowdowns can turn a single impact into a multi-vehicle chain reaction.

Figuring out who’s at fault in these situations is rarely straightforward. Insurance companies often make these cases even more challenging by arguing that injured drivers had enough time to react, even when the conditions made avoidance nearly impossible.

Our California car accident attorneys break down how liability works in secondary crashes and what rights you have if you’re injured.

What Is a Secondary Crash?

A secondary crash is a collision that happens as a result of an initial accident. It can occur minutes or even seconds later when other drivers encounter debris, stopped vehicles, or unexpected congestion caused by the initial crash.

Studies show that roughly 9.2% of all vehicle crashes on freeways are secondary to another incident. With numbers like these, it’s clear why determining fault in multi-stage crashes is so important.

Common Scenarios Leading to Secondary Accidents

Secondary crashes can unfold in many ways, including:

  • Chain-Reaction Rear-End Collisions: A driver slams on the brakes to avoid an accident ahead, causing multiple vehicles behind them to collide.
  • Good Samaritan Incidents: A well-meaning driver stops to help victims of the first crash and is struck by passing traffic.
  • Disabled Vehicles Left in Travel Lanes: A car involved in the initial collision remains stopped in an active lane, creating a new hazard for oncoming drivers.
  • Debris or Spilled Cargo: The initial collision scatters debris, leaks fluids, or causes cargo to spill onto the roadway, potentially leading to additional crashes.
  • Rubbernecking Accidents: Drivers slow down to look at the crash scene, causing new collisions in the process.
  • Unsafe Lane Changes: A driver suddenly merges without checking their blind spots or signaling, causing vehicles behind them to brake hard or swerve, often leading to secondary crashes.

In each of these cases, determining who’s legally responsible depends on how and why the secondary crash occurred.

Who Can Be Held Responsible for a Secondary Crash in California?

Liability in secondary crashes is often shared among multiple parties, depending on the sequence of events that led to the second collision. California law focuses on negligence—in other words, whether someone’s careless or reckless actions created or contributed to the dangerous situation.

Here’s how fault might be assigned:

1. The Initial At-Fault Driver

If the first driver’s negligence, such as speeding, texting, or running a red light, caused the initial crash and created hazards like debris or blocked lanes, they may still be partially liable for subsequent collisions.

For example, if their speeding caused their vehicle to spin out and block two lanes, they may still be responsible when another driver hits the disabled vehicle minutes later.

2. Drivers Involved in the Secondary Crash

Each driver has a duty to operate safely under current conditions. If someone is following too closely, driving too fast for traffic flow, or not paying attention to a crash scene ahead, they may share fault for not avoiding the secondary collision.

For instance, a driver who’s texting and fails to notice slowing traffic ahead may share liability, even if they didn’t cause the first crash.

California’s basic speed law (Vehicle Code § 22350) requires drivers to travel at a safe speed for conditions, including slowed or stopped traffic due to accidents. Ignoring that duty can make a driver liable, even if another person’s negligence caused the situation.

3. Drivers Who Fail to Secure or Clear the Scene

After an accident, California law requires drivers, when possible, to move their vehicles out of traffic and use hazard lights or flares to warn others. Failing to do so can expose them to additional liability if their unattended or unmarked vehicle is involved in another crash.

If a driver leaves their damaged vehicle in an active lane without hazard lights, another motorist could strike it, creating a new collision for which the original driver may be held liable.

How California’s Comparative Negligence System Works

Because secondary crashes often involve multiple drivers and complex timing, California’s pure comparative negligence rule plays a role in determining damages.

Under this system, each party’s responsibility is measured as a percentage of fault. Even if a victim is partially at fault, they can still recover compensation, but their damages are reduced proportionally to their degree of fault.

For example, if you were found 20% at fault for not maintaining enough distance when approaching a crash scene, and your total damages were $100,000, you could still recover $80,000 from the other negligent parties, if there was sufficient insurance available.

Protect Yourself After a Crash

If you’re ever near a crash scene, slow down, stay alert, and avoid stopping in traffic lanes unless necessary. If you’re involved in an accident, move your vehicle out of the roadway if possible, activate your hazard lights, and call 911 for help.

Even when you do everything right, you can end up injured because another driver wasn’t paying attention or failed to take proper precautions. When that happens, you deserve experienced legal help to untangle the complex web of liability.

Work With Experienced California Car Accident Attorneys

Determining fault in a secondary crash requires a careful investigation of timing, road conditions, and driver behavior. Our car accident attorneys at Berg Injury Lawyers have decades of experience holding negligent drivers accountable, even in the most complicated multi-vehicle collisions.

Contact our California car accident attorneys for a free, no-obligation consultation. We’ll review your case, identify every liable party, and help you recover the full compensation you deserve.