What to Do After a Rear-End Collision

Posted On: February 3, 2025

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Being involved in a rear-end collision can be a stressful experience, often leaving drivers unsure of what to do next. These accidents, ranging from minor fender benders to serious crashes, are among the most common on Pennsylvania roads. Knowing the immediate steps to take after a collision can protect your health, preserve vital evidence, and ensure compliance with state laws. From checking for injuries to documenting damage and understanding your insurance policy, acting promptly and strategically can make a significant difference.

In Pennsylvania, recovering from a rear-end collision may require more than just medical attention. Handling insurance claims, determining fault, and seeking compensation for your losses can be challenging without proper guidance. The experienced team of Western Pennsylvania car accident attorneys at Luxenberg Garbett Kelly & George P.C. is ready to assist. Contact us today at (724) 658-8535 to discuss your case and explore your legal options.

What is a Rear-End Collision?

A rear-end collision occurs when a vehicle crashes into the back of another vehicle. These accidents are among the most common types of car crashes and often result from following too closely, distracted driving, or sudden stops. Although rear-end collisions may appear straightforward, determining fault and understanding the nuances can be complicated, especially under Pennsylvania’s laws.

Common Scenarios of Rear-End Accidents

Rear-end collisions occur in various circumstances, and understanding these scenarios helps clarify liability and next steps:

  • Rear-Ended While Stopped: A common scenario involves a vehicle stopped at a traffic light, stop sign, or in traffic. The trailing vehicle may fail to stop in time due to distractions, speeding, or poor road conditions. Pennsylvania law generally presumes the rear driver is at fault in these cases. However, exceptions, such as faulty brake lights on the lead car, can influence liability.
  • Sudden Stops: Accidents caused by sudden, unexpected stops often raise questions about fault. While the trailing driver is typically presumed liable for not maintaining a safe following distance, factors such as reckless behavior or “brake-checking” by the lead driver can shift liability or establish shared fault under Pennsylvania’s modified comparative negligence rules.
  • Minimal Damage Collisions: Even when no visible damage occurs, low-speed rear-end collisions can still result in injuries, such as whiplash. Pennsylvania law encourages documenting the scene and reporting the incident, as injuries and underlying vehicle damage may appear later.
  • Hit-and-Run Incidents: If a rear-end collision occurs and the at-fault driver leaves the scene, it constitutes a hit-and-run. These situations complicate legal and insurance claims. Victims should document the scene, report the accident to the police, and consult an attorney to explore uninsured motorist coverage or other options.

Rear-end collisions vary in complexity, and Pennsylvania’s laws on liability, reporting requirements, and insurance systems play a significant role in resolving these cases. Recognizing the circumstances of your accident is crucial for determining fault and pursuing compensation effectively.

Immediate Steps After a Rear-End Collision

A rear-end collision can be a jarring experience, leaving drivers and passengers feeling confused and overwhelmed. In such moments, knowing what to do immediately can make a significant difference in ensuring everyone’s safety and protecting your rights. 

Check for Injuries and Call for Help

The first and most important step is to check yourself, your passengers, and others involved in the accident for injuries. Even if no one appears visibly hurt, some injuries, such as whiplash, concussions, or internal trauma, may not be immediately noticeable. If anyone is injured, call 911 without delay to request medical assistance and law enforcement. Emergency responders will ensure injured individuals receive prompt care while also creating a formal accident report, which will be useful for insurance and legal purposes.

Move to a Safe Location

If your vehicle is still operable, move it to the side of the road or a nearby safe location to prevent further accidents. Turn on your hazard lights to alert other drivers of the situation. However, if moving the vehicle is unsafe or impossible due to damage, stay inside your car with your seatbelt fastened and wait for assistance. Remaining visible and avoiding additional risks is crucial, especially in high-traffic areas.

Exchange Information

Collect detailed information from the other driver involved in the collision. This includes their name, address, phone number, driver’s license number, vehicle registration, and insurance policy details. Be sure to note the make, model, and license plate number of their vehicle as well. If there were witnesses, ask for their contact information, as their statements may prove helpful in clarifying fault later. Avoid discussing fault or making statements about the cause of the accident at this stage, as this could complicate future claims.

Document the Scene

Take thorough photographs and videos of the accident scene from multiple angles. Include pictures of all vehicles involved, visible damage, the surrounding road conditions, traffic signals, skid marks, and any debris. If injuries are present, document those as well. This visual evidence can play a critical role in determining fault, calculating damages, and supporting your insurance claim. If you do not have a camera, take detailed notes about what happened while the incident is fresh in your mind.

Report the Accident

Pennsylvania law mandates that accidents involving injuries, fatalities, or significant property damage must be reported to law enforcement. If police officers do not arrive at the scene, you may be required to file a Driver’s Accident Report with the Pennsylvania Department of Transportation within five days. A police or accident report not only ensures legal compliance but also serves as an official record that insurance companies often require when processing claims.

Notify Your Insurance Company

After leaving the scene, promptly notify your insurance company about the accident, even if it seems minor. Provide them with all the details, including the other driver’s information and any photographs or notes you have. Pennsylvania’s no-fault insurance system may allow you to file a claim with your own insurer for medical expenses, but understanding your policy type—whether no-fault or traditional—is important in determining the next steps.

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.

Determining Fault and Liability

Assigning fault and liability in a rear-end collision is a critical step in addressing legal and insurance claims. While it may seem straightforward to blame the trailing driver, Pennsylvania law recognizes that fault is not always clear-cut.

Who Is Usually at Fault?

In most rear-end collisions, the trailing driver is presumed to be at fault. This is because Pennsylvania law, under Title 75 PA.C.S. § 3310, requires drivers to maintain a safe following distance based on traffic speed, road conditions, and vehicle type. Failing to do so often results in the rear driver being held responsible. This presumption applies in cases where the rear vehicle fails to stop in time due to distractions, speeding, or tailgating.

However, fault is not always one-sided. For example, if the lead vehicle had malfunctioning brake lights or made a sudden and unexpected stop, the leading driver may bear some or all of the liability. Similarly, in chain-reaction crashes involving multiple vehicles, fault is often distributed among several drivers based on their actions leading up to the collision.

Shared Fault and Pennsylvania’s Modified Comparative Negligence Rule

Western Pennsylvania operates under a modified comparative negligence system. This means that each party’s percentage of fault affects their ability to recover damages. If you are found to be 50% or less at fault for the collision, you can still recover compensation, but your award will be reduced by your percentage of responsibility. For instance, if you are 30% at fault, you can recover 70% of your total damages. However, if you are more than 50% at fault, you cannot recover any damages.

When Fault Is Disputed

Certain scenarios make it harder to assign fault clearly. For example, if a lead driver brake-checks the trailing car or merges unsafely, the rear driver may not be entirely at fault. Additionally, external factors such as road hazards, poor weather conditions, or defective vehicle parts may introduce shared or third-party liability. In these cases, a police report, eyewitness accounts, and physical evidence like dashcam footage can be critical in determining fault.

The Role of Police Reports and Evidence

A police report often plays a pivotal role in determining liability after a rear-end collision. Officers document the scene, interview drivers and witnesses, and may include their assessment of fault. Photographic evidence, skid marks, and video footage can also support or dispute the conclusions in the police report. In disputed cases, accident reconstruction experts may analyze the evidence to provide insights into the sequence of events and fault distribution.

Insurance Claims and Settlement Process

Handling the insurance claims and settlement process after a rear-end collision can feel overwhelming, especially in a state like Pennsylvania with its unique insurance laws. 

Filing a Claim

To file a claim, you will need to provide detailed information about the accident. This includes the police report, photographs of the scene, witness statements, and medical records documenting your injuries. If you’re pursuing compensation through the at-fault driver’s insurance, you may also need to provide an estimate of repair costs for your vehicle. Thorough documentation strengthens your claim and helps expedite the process.

Handling Insurance Adjusters

Insurance adjusters will evaluate the details of your claim to determine liability and assess the amount of compensation you are entitled to. Be cautious when speaking with adjusters, as they may seek to minimize payouts or dispute liability. Avoid making statements that could be interpreted as admitting fault and consult an attorney if you feel pressured to accept a low settlement offer.

Negotiating Settlements

Reaching a fair settlement is often the most challenging part of the claims process. The insurer may offer an initial settlement that does not fully account for your medical expenses, lost wages, or pain and suffering. In cases involving serious injuries or disputed liability, it’s wise to work with an attorney who can negotiate on your behalf. They can help ensure that the settlement reflects the true value of your damages, including future medical costs and non-economic losses.

The time it takes to settle a rear-end collision claim depends on the complexity of the case, the extent of damages, and whether liability is disputed. While minor claims may resolve within weeks, more serious cases involving significant injuries or shared fault may take months. It’s important to remain patient and avoid rushing into a settlement that does not fully compensate you for your losses.

Common Rear-End Collision Injuries

Rear-end collisions, even at low speeds, can cause a variety of injuries. While these accidents may seem minor, the sudden force exerted on the body during a rear-end collision can result in both immediate and long-term harm. 

  • Whiplash and Neck Injuries: Whiplash is one of the most common injuries in rear-end collisions. The abrupt motion of the head snapping forward and backward strains the neck muscles and ligaments, causing pain, stiffness, and reduced mobility. 
  • Back and Spine Injuries: The force from a rear-end collision often impacts the spine, leading to injuries such as herniated discs, spinal misalignment, or nerve damage. These injuries can result in chronic pain, limited mobility, and, in severe cases, paralysis. 
  • Head and Brain Injuries: The sudden jolt of a rear-end collision can cause the head to hit the steering wheel, dashboard, or headrest, leading to concussions or traumatic brain injuries (TBIs). These injuries may result in headaches, dizziness, memory issues, and cognitive impairments.
  • Soft Tissue Injuries: Soft tissue injuries, such as bruises, sprains, and strains, are common in rear-end collisions. These injuries can occur in the neck, shoulders, or other parts of the body due to the impact of the crash. 
  • Facial and Chest Injuries: Airbags and seatbelts, while lifesaving, can cause injuries in rear-end collisions. The deployment of airbags can result in facial injuries like cuts, bruises, or burns, while seatbelt tension may lead to chest injuries, including rib fractures or bruising. These injuries are often overlooked but can significantly impact daily life.
  • Emotional and Psychological Trauma: Rear-end collisions don’t only affect physical health. Victims may experience emotional trauma, anxiety, or post-traumatic stress disorder (PTSD) following an accident. The psychological impact can be just as debilitating as physical injuries and should not be ignored when seeking compensation.

Rear-end collision injuries can vary in severity, and some may not present symptoms until days after the accident. Seeking immediate medical attention, even if injuries seem minor, is vital for ensuring your well-being and establishing a record for insurance or legal claims. 

When to Hire a Lawyer

Hiring a lawyer after a rear-end collision can be essential in certain circumstances. While minor accidents with no injuries may not require legal assistance, more complex cases often benefit from professional guidance. A lawyer can help protect your rights, especially when liability or damages are disputed.

  • Serious Injuries or Medical Costs: If the collision caused significant injuries or long-term medical expenses, hiring a lawyer can help you calculate the full value of your claim. This includes future medical needs and compensation for pain and suffering.
  • Disputed Fault: In cases where fault is unclear or the other party claims you were partially responsible, a lawyer can gather evidence to minimize your liability. This is particularly important under Pennsylvania’s modified comparative negligence rule.
  • Uncooperative Insurers: When insurance companies delay, undervalue, or deny your claim, a lawyer can negotiate on your behalf to secure fair compensation. They understand the tactics insurers use and how to counter them effectively.
  • Legal Deadlines: Pennsylvania’s statute of limitations for personal injury claims is two years. A lawyer can ensure all documents are filed within the required timeframe, preserving your right to seek compensation.

Consulting a lawyer after a rear-end collision is especially beneficial in complex situations involving serious injuries or liability disputes. They can handle the legal process, allowing you to focus on recovery while maximizing your potential compensation.

Dealing with the aftermath of a rear-end collision can be overwhelming, especially when injuries, property damage, and insurance claims come into play. Taking the right steps after an accident and understanding your rights are crucial to protecting your interests. Whether you need assistance in determining fault, negotiating with insurance companies, or pursuing compensation for your losses, having a dedicated legal team by your side can make all the difference.

At Luxenberg Garbett Kelly & George P.C., we are committed to helping accident victims in Western Pennsylvania achieve the justice and compensation they deserve. Our experienced attorneys can guide you through every step of the legal process, ensuring your case is handled with care and precision. Call us today at (724) 658-8535 to schedule a consultation and let us help you move forward after your accident.

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