If you were rear-ended in Pennsylvania, the trailing driver is usually at fault. But there are important exceptions. You may have claims against third parties like vehicle manufacturers or government agencies. If your insurance is full tort, you can sue for pain and suffering. And if the other driver has no insurance, you may still have options.
AtLuxenberg Garbett Kelly & George P.C., Lawrence M. Kelly and our team of car accident attorneys in Pennsylvania can help rear-end collision victims throughout Lawrence County and Western Pennsylvania. We fight for full compensation for medical bills, lost wages, and pain and suffering. We also handle cases in New Castle, Butler County, and Allegheny County.
This guide explains what to do after a rear-end crash, how fault works under Pennsylvania law, what compensation you can recover, and when you need a lawyer. Contact Luxenberg Garbett Kelly & George P.C. today at (724) 658-8535 to talk about your case and get the guidance you need.
What Is a Rear-End Collision?
A rear-end collision happens when one vehicle crashes into the back of another. These are among the most common crashes on Pennsylvania roads. According to thePennsylvania Department of Transportation Crash Facts & Statistics, rear-end collisions accounted for approximately 18.8% of all reported crashes in Pennsylvania, totaling 20,825 incidents in 2024.
Rear-end crashes happen for many reasons. Distracted driving, speeding, tailgating, and sudden stops all contribute. Even low-speed rear-end crashes can cause serious injuries like whiplash and concussions.
Key Takeaway: Rear-end collisions account for nearly one in five car crashes in Pennsylvania. Even minor impacts can cause lasting injuries.
Pennsylvania Car Accident Attorneys
Lawrence M. Kelly
For more than 40 years, Lawrence “Larry” Kelly has been a trusted advocate for car accident victims throughout Western Pennsylvania. Born and raised in New Castle, he has spent his life supporting the community he loves and serving local families with compassion and integrity. A graduate of the University of Akron School of Law, Larry has built an impressive career marked by leadership roles, prestigious legal certifications, and a track record of success in personal injury and workers’ compensation cases.
Larry is a Board Certified Civil Trial Specialist through the National Board of Trial Advocacy and has repeatedly been recognized among Pennsylvania’s top personal injury lawyers. His honors include Pennsylvania Super Lawyers (2006–2024), Top 50 Pittsburgh Super Lawyers (2019–2024), a Top 1% designation by the National Association of Distinguished Counsel, and numerous other national recognitions. His reputation for excellence is matched only by his long-standing commitment to his community and his clients.
Joseph A. George
Joseph A. George has been representing Pennsylvania injury victims for nearly 30 years, focusing on motor vehicle accidents, medical malpractice, personal injury claims, and workers’ compensation matters. A graduate of Duquesne University School of Law, Joseph is licensed to practice in both Pennsylvania and Ohio, as well as the U.S. District Court for the Western District of Pennsylvania. His deep legal knowledge and commitment to justice have made him a trusted advocate for injured individuals and families across the region.
Joseph has been named to Pennsylvania Super Lawyers every year since 2018 and holds the coveted Martindale-Hubbell AV Preeminent rating for excellence and ethical standards. Nationally recognized as one of The National Trial Lawyers Top 100 and named to the Nation’s Top One Percent by the National Association of Distinguished Counsel, he is also a Fellow of the American Bar Foundation. His dedication, ethics, and proven results make him a powerful ally for accident victims seeking justice.
What Steps Should You Take Immediately After a Rear-End Crash?
Your actions right after a crash affect your health, your legal rights, and your compensation. Follow these steps to protect yourself.
Check for Injuries and Call 911
Check yourself and your passengers for injuries first. Some injuries like whiplash or concussions may not show symptoms right away. Call 911 even if injuries seem minor. Emergency responders create an official accident report that insurance companies require.
In Lawrence County, crash victims often receive treatment at UPMC Jameson Hospital at 1211 Wilmington Avenue in New Castle. This full-service hospital has a 24/7 emergency department with trauma specialists.
Move to Safety and Turn on Hazard Lights
If your vehicle still runs, move it to the shoulder or a safe location. Turn on your hazard lights to warn other drivers. If you cannot move, stay in your car with your seatbelt on and wait for help.
Exchange Information with the Other Driver
Get the other driver’s name, phone number, address, license number, and insurance information. Write down the make, model, and license plate of their vehicle. If witnesses saw the crash, get their contact information too. Do not admit fault or apologize at the scene.
Document Everything
Take photos and videos from multiple angles. Capture all vehicle damage, road conditions, traffic signs, skid marks, and any visible injuries. This evidence supports your insurance claim and proves what happened.
Report the Accident
Under75 Pa.C.S. § 3746, Pennsylvania law requires you to notify police immediately if a crash involves injury, death or damage to any vehicle such that it can’t be driven and requires towing. If police do not investigate a crash that meets these criteria, you must file PennDOT’s Driver’s Accident Report (Form AA-600) within five days (75 Pa.C.S. § 3747).
If the Pennsylvania State Police investigated your crash, you can request the report online through thePSP Crash Report System. Reports cost $22 and are available 15 days after the crash. If your case goes to court in Lawrence County, it will be filed at the Lawrence County Court of Common Pleas at 430 Court Street in New Castle.
| Steps to Take After a Rear-End Collision | Description |
|---|---|
| Check for Injuries | Assess yourself and others for injuries, even if they are not immediately visible. Call 911 for medical assistance if needed. Early medical attention can prevent complications from injuries like whiplash or internal trauma. |
| Move to a Safe Location | If the vehicle is drivable, relocate it to the side of the road or a safe area to avoid further collisions. Turn on hazard lights to alert other drivers. If the vehicle cannot be moved, stay inside with your seatbelt fastened until help arrives. |
| Exchange Information | Collect important details such as the other driver’s name, contact information, insurance policy, and vehicle registration. If there are witnesses, obtain their contact details to support your claims later. Avoid discussing or admitting fault. |
| Document the Scene | Take photographs and videos of the vehicles, damages, road conditions, traffic signs, and injuries. This evidence can help establish fault and support insurance or legal claims. Write detailed notes while the incident is fresh in your memory. |
| Report the Accident | Report accidents involving injuries, fatalities, or significant property damage to law enforcement. If the police do not arrive, file a Driver’s Accident Report with the Pennsylvania Department of Transportation within five days. |
| Notify Your Insurance Company | Contact your insurer promptly, even for minor accidents. Provide details, including photos and witness information, to start the claims process. Pennsylvania’s no-fault insurance system may cover medical expenses through your own policy. |
Who Is at Fault in a Rear-End Collision?
In most rear-end crashes, the trailing driver is presumed at fault. Pennsylvania law requires all drivers to maintain a safe following distance.
Pennsylvania’s Following Distance Law
Under75 Pa.C.S. § 3310, drivers must not follow another vehicle more closely than is reasonable and prudent. The law considers speed, traffic conditions, and road conditions. A driver who tailgates and causes a crash typically bears responsibility.
When the Lead Driver May Share Fault
Fault is not always one-sided. The lead driver may share blame if they made an unsafe lane change, or brake-checked the trailing driver. In these situations, fault may be divided between both parties.
Chain Reaction Crashes
In multi-vehicle pileups, fault often spreads across several drivers. The middle vehicles in a chain reaction crash are rarely found fully at fault. The last vehicle to strike typically carries most responsibility, but all drivers’ actions leading up to the crash matter.
Third-Party Liability
Sometimes a third party caused the crash. Faulty brakes or defective vehicle parts can shift liability to a manufacturer. Poor road conditions or inadequate warnings can make a government agency responsible. An attorney can identify all parties who may owe you compensation.
How Does Pennsylvania’s Comparative Negligence Rule Work?
Pennsylvania uses modified comparative negligence. This rule affects how much compensation you can recover if you share some fault.
Under42 Pa.C.S. § 7102, you can still recover damages if you are 50% or less at fault. Your compensation decreases by your percentage of responsibility. For example, if you are 20% at fault and your damages total $100,000, you receive $80,000.
If you are 51% or more at fault, you cannot recover anything. This 51% bar rule makes proving the other driver’s fault critical to your case.
What Compensation Can You Recover After a Rear-End Crash?
Rear-end collision victims may recover both economic and non-economic damages.
Economic Damages
Economic damages cover measurable financial losses. These include medical bills, hospital stays, surgery costs, physical therapy, prescription medications, and medical equipment. You can also recover lost wages if your injuries prevent you from working. Future medical costs and lost earning capacity count too.
Non-Economic Damages
Non-economic damages compensate for pain and suffering, emotional distress, loss of enjoyment of life, and disfigurement. These damages do not have receipts but can be substantial.
Full Tort vs. Limited Tort
Pennsylvania has a unique choice no-fault system under75 Pa.C.S. § 1705. When you buy car insurance, you choose full tort or limited tort coverage.
Full tort coverage lets you sue the at-fault driver for all damages, including pain and suffering. Limited tort coverage restricts your ability to recover non-economic damages unless you suffered a serious injury. Serious injuries include death, serious impairment of a body function, or permanent disfigurement.
Check your insurance policy to know which coverage you have. This significantly affects what compensation you can pursue.
What Injuries Are Common in Rear-End Collisions?
Rear-end crashes cause a range of injuries, from minor to severe. Even low-speed impacts can produce lasting harm.
Whiplash and Neck Injuries
Whiplash is the most common rear-end collision injury. The sudden force snaps your head forward and backward, straining neck muscles and ligaments. Symptoms include pain, stiffness, headaches, and reduced mobility. These symptoms may not appear for hours or days.
Back and Spine Injuries
The impact often damages the spine. Herniated discs, spinal misalignment, and nerve damage cause chronic pain and limited mobility. Severe cases can lead to paralysis.
Head and Brain Injuries
Your head may strike the steering wheel, dashboard, or headrest during impact. This can cause concussions or traumatic brain injuries. Symptoms include headaches, dizziness, memory problems, and cognitive difficulties.
Soft Tissue Injuries
Bruises, sprains, and strains affect muscles, ligaments, and tendons throughout the body. These injuries cause pain and limit your daily activities.
Emotional Trauma
Rear-end crashes affect mental health too. Victims often experience anxiety, depression, or post-traumatic stress disorder. Psychological harm deserves compensation just like physical injuries.
Residents of Butler County can receive care at Independence Health System at 1 Hospital Way in Butler. For serious trauma in Allegheny County, Pittsburgh has three Level I trauma centers: UPMC Presbyterian, UPMC Mercy, and UPMC Children’s Hospital of Pittsburgh.
Key Takeaway: Rear-end collisions commonly cause whiplash, back injuries, head trauma, and emotional distress. Seek medical attention immediately, even for minor symptoms.
How Does the Insurance Claims Process Work?
Filing an insurance claim after a rear-end crash requires careful attention. The process varies based on your coverage type.
Notify Your Insurance Company
Contact your insurer promptly after the accident. Provide details about the crash, the other driver’s information, and any documentation you gathered. Pennsylvania’s no-fault rules may require you to file certain claims through your own insurance first.
Watch What You Say to Adjusters
Insurance adjusters work to minimize payouts. They may ask leading questions or pressure you to settle quickly. Do not admit fault. Do not accept a settlement offer before understanding the full extent of your injuries. An initial offer rarely reflects your claim’s true value.
Document Your Losses
Keep records of all medical bills, lost wages, and other expenses. Save receipts for prescriptions, medical equipment, and travel to appointments. This documentation proves your economic damages.
Negotiate for Fair Compensation
The first settlement offer often falls short. Insurers calculate quick settlements hoping you will accept before knowing your claim’s worth. A lawyer can negotiate on your behalf and fight for compensation that covers your actual losses, including future medical needs.
Key Takeaway: Insurance companies often undervalue claims. Document everything, avoid quick settlements, and consider legal help to negotiate fair compensation.
How Long Do You Have to File a Lawsuit in Pennsylvania?
Pennsylvania has a two-year statute of limitations for personal injury claims. Under42 Pa.C.S. § 5524, you must file your lawsuit within two years of the accident date. Miss this deadline and you lose your right to sue.
Exceptions exist in limited circumstances. If the injured person is a minor, the two-year period starts when they turn 18. Claims against government entities have a shorter six-month notice requirement.
Do not wait until the deadline approaches. Evidence disappears. Witnesses forget details. Starting early gives your attorney time to build the strongest case.
When Should You Hire a Lawyer After a Rear-End Collision?
Not every rear-end crash requires a lawyer. But certain situations benefit greatly from legal help.
Serious Injuries or High Medical Costs
If your injuries require extensive treatment or cause long-term problems, a lawyer helps calculate the full value of your claim. This includes future medical expenses and the impact on your earning capacity.
Disputed Fault
When the other driver claims you share responsibility, a lawyer gathers evidence to minimize your liability. Pennsylvania’s comparative negligence rules make proving fault critical to your recovery.
Insurance Company Denials or Delays
If insurers deny your claim, undervalue it, or drag out the process, a lawyer knows how to push back. Attorneys understand the tactics insurance companies use and how to counter them.
Complex Cases
Chain reaction crashes, third-party liability claims, and cases involving uninsured drivers require legal guidance. A lawyer identifies all responsible parties and all available sources of compensation.
Get Help from a Pennsylvania Rear-End Collision Attorney
A rear-end collision can change your life in seconds. You deserve compensation that covers your medical bills, lost wages, and pain and suffering. If someone else caused your injury, you should not bear the financial burden alone.
Lawrence M. Kelly and the team at Luxenberg Garbett Kelly & George P.C. have helped car accident victims throughout Western Pennsylvania for more than 40 years. Our car accident attorneys serve clients in Lawrence County, New Castle, Butler County, Allegheny County, and surrounding areas.
Call Luxenberg Garbett Kelly & George P.C. today at (724) 658-8535 for a free consultation. We will review your case and explain your legal options. There is no fee unless we win.
