California Personal Injury Lawyers Blog
Rear-ended on the 405 in Los Angeles? Learn what to do, how California law works, and how Walch Law can help you get compensated. Free consultation.
Rear-End Car Accident on the 405 in Los Angeles: What to Do Next
Being rear-ended on the 405 in Los Angeles can turn your life upside down in seconds. One moment you’re in stop-and-go traffic, and the next you’re in pain, your car is smashed, and insurance adjusters are already calling. If this sounds familiar, you’re not alone—and you do not have to go through this on your own.
The Law Offices of Gary K. Walch, A Law Corporation is a California personal injury law firm that helps people injured in car accidents throughout Los Angeles and Southern California, including the 405, 101, and other major freeways. This article will walk you through what to do after a rear-end collision, how California law treats these crashes, and how our firm can help you pursue the compensation you deserve.
Disclaimer: This article is for informational purposes only and is not legal advice. Every case is different. For advice about your specific situation, contact the Law Offices of Gary K. Walch, A Law Corporation directly.
Why Rear-End Accidents on the 405 Are So Serious
The 405 is one of the busiest and most congested freeways in California. Rear-end collisions here often involve:
High speeds that suddenly drop to stop-and-go traffic
Distracted or impatient drivers riding too close
Chain-reaction crashes involving multiple vehicles
Large trucks and commercial vehicles that can cause severe damage
Even in what looks like a “minor” rear-end accident, you can suffer serious injuries, including:
Neck and back injuries (whiplash, herniated discs)
Traumatic brain injuries and concussions
Shoulder, hip, and knee injuries
Fractures, torn ligaments, and other orthopedic injuries
Chronic pain conditions like CRPS/RSD or fibromyalgia
These injuries may not fully show up right away. It’s common to feel “okay” at the scene and then wake up the next day with severe pain and stiffness. That’s one reason it’s so important to take the right steps immediately.
Step-by-Step: What to Do After a Rear-End Crash on the 405
1. Get to Safety and Call 911
If your car is drivable and it’s safe to do so, move to the shoulder or a safe area off the freeway. Turn on your hazard lights.
Call 911 and report the crash.
Ask for both police and medical help if anyone is hurt.
When CHP or other officers arrive, cooperate and provide basic facts—don’t guess or admit fault.
A police report can later become important evidence in your injury claim.
2. Get Medical Care Immediately
Even if you think your injuries are “not that bad,” you should:
Go to the ER or urgent care the same day if possible, or
See your primary care doctor or a qualified specialist as soon as you can.
Tell the doctor every place that hurts, including headaches, dizziness, numbness, tingling, or emotional symptoms like anxiety or trouble sleeping. Delayed treatment can:
Make your injuries worse, and
Give the insurance company an excuse to say you weren’t really hurt.
3. Gather Evidence at the Scene (If You Can)
If your injuries allow and it’s safe:
Take photos and videos of:
All vehicles involved (including license plates)
Damage to your car and the other car(s)
Road conditions, skid marks, debris, and nearby signs
Exchange information with the other driver:
Name and contact info
Driver’s license number
Insurance company and policy number
Get the contact info for any witnesses.
If you were unable to do any of this, don’t panic. An experienced attorney can still help investigate and gather evidence later.
4. Report the Accident to Your Insurance Company
You generally need to notify your own insurance company about the crash, even if you weren’t at fault. However:
Stick to basic facts (when, where, who was involved).
Do not minimize your pain or say “I’m fine” if you’re not.
Do not agree to a recorded statement with the other driver’s insurance before talking to a lawyer.
Insurance adjusters are trained to protect the company—not you.
5. Talk to a Los Angeles Car Accident Lawyer Early
Before you accept any settlement—or even before you fully know the extent of your injuries—speak with an experienced California personal injury attorney.
A lawyer can:
Deal with the insurance companies so you don’t have to
Help you get appropriate medical care
Protect your rights and your claim’s value
Guide you through the process from start to finish
How California Law Looks at Rear-End Crashes
Presumption of Fault in Rear-End Collisions
In California, the driver who rear-ends another vehicle is often presumed to be at fault, because drivers are required to:
Follow at a safe distance, and
Pay attention to traffic conditions.
Common causes of rear-end crashes on the 405 include:
Following too closely (“tailgating”)
Distracted driving (texting, GPS, eating, etc.)
Speeding or driving too fast for conditions
Sudden lane changes without proper space
However, every case is unique. Sometimes the front driver may share some responsibility, such as:
Suddenly cutting in front of another car and slamming on the brakes
Having non-working brake lights
This is why a careful investigation matters.
Comparative Fault in California
California uses pure comparative negligence, which means:
Even if you’re found partly at fault, you may still recover compensation.
Your total recovery can be reduced by your percentage of fault.
Insurance companies may try to blame you—for example, claiming you “stopped too suddenly” or were “distracted.” A skilled lawyer can push back against these tactics and work to minimize any unfair fault assigned to you.
Common Injuries After Being Rear-Ended on the 405
Rear-end collisions can cause a wide range of injuries, including:
Neck and Back Injuries
Whiplash and soft tissue injuries
Herniated or bulging discs
Spinal cord injuries
These can lead to chronic pain, limited mobility, and the need for physical therapy, injections, or even surgery.
Head and Brain Injuries
Concussions and traumatic brain injuries (TBI)
Headaches, dizziness, and memory issues
Mood changes, sleep problems, and difficulty concentrating
Even a “mild” concussion can have serious effects on your daily life and your ability to work.
Joint and Orthopedic Injuries
Shoulder injuries from seatbelts or bracing for impact
Hip, knee, or ankle injuries from the force of the crash
Fractures or torn ligaments
These may require long-term treatment, including surgery and extensive rehabilitation.
Chronic Pain and Neuropathic Conditions
Some people develop complex chronic pain conditions such as:
CRPS (Complex Regional Pain Syndrome)
RSD (Reflex Sympathetic Dystrophy)
Fibromyalgia and other neuropathic pain syndromes
These injuries are often misunderstood or downplayed by insurance companies, but they can be life-changing. An attorney who understands these conditions can work with medical experts to document your injuries and fight for fair compensation.
What Compensation Can You Recover?
If you were injured in a rear-end accident that wasn’t your fault, you may be entitled to compensation for:
Medical expenses (ER, hospital, doctors, MRI, PT, injections, surgery)
Future medical care and rehabilitation
Lost wages and lost earning capacity if you can’t work or must change jobs
Pain and suffering and loss of enjoyment of life
Property damage (repair or total loss of your vehicle)
Out-of-pocket costs (medications, transportation to appointments, etc.)
In tragic cases where a loved one was killed in a rear-end collision, family members may have a wrongful death claim for funeral expenses, loss of financial support, and loss of companionship.
Dealing With Insurance: Liability, UM/UIM, and More
The Other Driver’s Insurance (Liability Coverage)
Typically, you will first pursue a claim against the at-fault driver’s liability insurance. Challenges often include:
Low policy limits that don’t cover all your damages
Delays, denials, or lowball settlement offers
Disputes over fault or the severity of your injuries
Your Own Insurance: UM/UIM Protection
If the at-fault driver:
Has no insurance (uninsured), or
Has too little insurance to cover your damages (underinsured),
you may be able to use your Uninsured/Underinsured Motorist (UM/UIM) coverage.
This can be confusing because you’ll be dealing with your own insurance company—but they may still fight your claim. Having an attorney handle both the liability and UM/UIM claims can be critical to maximizing your recovery.
Don’t Sign or Accept Anything Too Quickly
Insurance companies often try to get injured people to:
Give a recorded statement
Sign broad medical authorizations
Accept a quick settlement before they know the full extent of their injuries
Once you settle, you usually cannot go back for more money later—even if you need surgery or can’t return to your job. Always speak with an experienced attorney before agreeing to any settlement.
Deadlines: How Long Do You Have to File a Claim?
California law sets strict deadlines (statutes of limitation) for filing personal injury and wrongful death claims. Depending on the circumstances, these deadlines can be as short as two years, and sometimes even shorter if a government entity is involved.
Missing a deadline can mean losing your right to recover compensation forever.
Because calculating and preserving these deadlines can be complex, it’s important to:
Talk to an attorney as soon as possible
Avoid relying on general information from the internet for your specific timeline
How Walch Law Helps People Rear-Ended on the 405
The Law Offices of Gary K. Walch, A Law Corporation represents injured people and families throughout Los Angeles, the San Fernando Valley, Woodland Hills, Van Nuys, Riverside, and other Southern California communities.
Here’s how our firm can help after a rear-end accident on the 405:
Free consultation: We listen to what happened, answer questions, and explain your options.
Investigation and evidence gathering: We obtain police reports, witness statements, photos, video, and any other evidence to help prove fault and damages.
Coordinating medical care: We can help you find qualified doctors, specialists, and therapists, including those who understand complex injuries like TBI and CRPS.
Handling the insurance companies: We deal with adjusters and their lawyers so you can focus on healing.
Fighting for full compensation: We pursue both present and future damages, including pain and suffering and loss of earning capacity.
No fee unless we recover money for you: Our personal injury cases are typically handled on a contingency fee basis—meaning you don’t pay attorney’s fees unless we obtain a recovery for you.
You Don’t Have to Face This Alone
A rear-end accident on the 405 can leave you dealing with pain, medical bills, missed work, and a mountain of stress. You don’t have to figure out California personal injury law, insurance rules, and deadlines by yourself while trying to recover.
Let Walch Law shoulder the legal and insurance burden so you can focus on getting better.
To talk with a lawyer about your case, contact the Law Offices of Gary K. Walch, A Law Corporation today for a free, no-obligation consultation. There is no fee unless we recover money for you.
Frequently Asked Questions
Q: Do I really need a lawyer if I was rear-ended on the 405 and the other driver is clearly at fault?
A: Even in “clear” rear-end cases, insurance companies often dispute injuries, argue that your pain is from a prior condition, or offer far less than your claim is worth. A lawyer can protect you from these tactics, gather evidence, and negotiate for a fair settlement. Having an experienced California car accident attorney usually leads to better outcomes than handling the claim alone.
Q: What if I didn’t feel pain right away after the accident?
A: It’s very common for pain to show up hours or even days after a rear-end crash. Your body may be in shock at first, hiding symptoms. If you start feeling pain, stiffness, headaches, or other symptoms later, see a doctor as soon as possible and tell them about the accident. Delayed treatment can hurt both your health and your injury claim, so don’t wait.
Q: How much is my rear-end accident case worth?
A: The value of your case depends on several factors, including the severity of your injuries, the amount of medical treatment you need, whether you can work, how the crash affects your daily life, and the available insurance coverage. There’s no honest “one-size-fits-all” number. A free consultation with our firm can help you understand the potential value based on your specific situation.
Q: What if the driver who hit me doesn’t have insurance or doesn’t have enough coverage?
A: If the at-fault driver is uninsured or underinsured, you may still be able to recover compensation through your own UM/UIM (Uninsured/Underinsured Motorist) coverage. These claims can be complex because you are essentially making a claim against your own insurance company. An attorney can help you navigate this process and pursue all available coverage.
Q: How long will my case take?
A: The timeline for a rear-end accident case varies. It depends on how long it takes you to reach a stable point in your medical treatment, the complexity of your injuries, and whether the insurance company is willing to settle fairly. Some cases resolve in a matter of months; others may take longer, especially if a lawsuit is necessary. Our firm will keep you informed and work to move your case forward as efficiently as possible while still protecting your best interests.