Rear-End Collision Claims

When the driver behind you fails to stop in time, the law usually presumes they are at fault — and you deserve to be made whole.

Rear-end collisions are the single most frequent type of motor vehicle crash in the United States, and they carry a powerful legal advantage for the injured party: the rear driver is presumed negligent in most cases because every motorist has a duty to maintain a safe following distance and remain attentive to traffic ahead. These crashes are commonly caused by tailgating, distracted driving, sudden braking in heavy traffic, speeding, and impaired drivers who fail to perceive stopped vehicles. Despite the rear driver's strong presumption of fault, insurers routinely fight rear-end claims by attacking the severity of the injuries rather than liability — arguing that low-speed impacts cannot cause real harm, that the damage to the bumper was minimal, or that whiplash and soft-tissue symptoms are exaggerated. In reality, even a moderate rear impact transfers enormous force into the cervical spine, producing whiplash, herniated discs, concussions, and chronic neck and back pain that can persist for years. The most valuable evidence in these claims includes the police report noting the point of impact, photographs of both vehicles, dashcam footage, and consistent contemporaneous medical records that document the onset of symptoms. The rear-end presumption can be rebutted if you stopped suddenly without cause, had non-functioning brake lights, or reversed unexpectedly, so preserving the full factual picture matters. Most states allow two years to file, though delayed-onset injuries make prompt medical evaluation essential to overcome the defense's low-impact narrative.

For informational purposes only. Not legal advice. Consult a licensed attorney.