Rear-end collisions are one of the most common types of car accidents. These crashes happen when one vehicle strikes the back of another. While some are minor fender-benders, others cause serious injuries, property damage, and financial burdens. Victims of rear-end accidents may be entitled to compensation through a lawsuit.
This guide explains the different types of rear-end accident lawsuits, the legal process, and potential outcomes.
What is a Rear-End Accident?
A rear-end accident occurs when one vehicle crashes into the back of another. These accidents often happen due to:
- Distracted driving (texting, eating, or using a GPS)
- Speeding
- Tailgating (following too closely)
- Sudden stops
- Weather conditions
- Mechanical failures (faulty brakes or tires)
In most cases, the rear driver is considered at fault. However, exceptions exist, and fault is sometimes shared.
Common Injuries in Rear-End Collisions
Rear-end crashes can cause severe injuries, even at low speeds. Common injuries include:
- Whiplash: Neck strain caused by the sudden movement of the head.
- Back injuries: Herniated discs, fractures, or spinal cord damage.
- Head injuries: Concussions or traumatic brain injuries (TBI).
- Broken bones: Especially in the wrists, arms, and ribs.
- Soft tissue injuries: Torn ligaments or bruising.
Medical treatment is often expensive, and injuries can impact a victim’s ability to work or enjoy daily life.
Types of Rear-End Accident Lawsuits
Victims of rear-end accidents may file lawsuits for compensation. The most common legal claims include:
1. Personal Injury Lawsuits
A personal injury lawsuit seeks compensation for medical bills, lost wages, pain and suffering, and other damages. The injured party must prove:
- The at-fault driver was negligent.
- The accident caused their injuries.
- They suffered financial or emotional damages as a result.
2. Wrongful Death Lawsuits
If a rear-end collision leads to a fatality, surviving family members may file a wrongful death lawsuit. This type of lawsuit covers:
- Funeral and burial expenses
- Loss of income and support
- Pain and suffering of surviving family members
- Medical bills incurred before death
3. Property Damage Claims
Rear-end crashes often damage vehicles. Victims may sue for repairs, replacement, or diminished vehicle value. If the at-fault driver’s insurance refuses to pay, legal action may be necessary.
4. Product Liability Lawsuits
Sometimes, a defective car part causes a rear-end accident. If faulty brakes, airbags, or other vehicle components contribute to the crash, victims may sue the manufacturer.
5. Employer Liability Lawsuits
If a commercial vehicle or company car is involved in a rear-end accident, the employer may be responsible. Businesses can be sued if the driver was on duty at the time of the crash.
Determining Fault in Rear-End Collisions
Fault is a crucial part of rear-end accident lawsuits. In most cases, the rear driver is considered responsible, but exceptions exist.
Situations Where the Front Driver May Be at Fault
- Sudden and unnecessary braking without a valid reason.
- Faulty brake lights that fail to signal stopping.
- Reversing into another vehicle without warning.
- Driving under the influence or engaging in reckless behavior.
Shared Fault Cases
Some states follow comparative negligence laws, meaning both drivers may share fault. If the front driver contributed to the crash, their compensation may be reduced.
Potential Compensation in Rear-End Accident Lawsuits
Victims of rear-end crashes may receive compensation for:
- Medical Expenses: Ambulance fees, hospital stays, surgeries, therapy, and medications.
- Lost Wages: Compensation for missed work and future lost earnings.
- Pain and Suffering: Emotional distress and long-term physical pain.
- Property Damage: Vehicle repairs or replacement.
- Punitive Damages: Additional fines imposed on reckless or negligent drivers.
Steps to Take After a Rear-End Collision
If you are involved in a rear-end accident, take the following steps:
- Call 911 – Report the accident and request medical help if needed.
- Exchange Information – Get the other driver’s name, insurance details, and contact information.
- Document the Scene – Take pictures of the accident, vehicle damage, and injuries.
- Seek Medical Attention – Even minor injuries should be evaluated.
- File an Insurance Claim – Notify your insurance company about the accident.
- Consult a Lawyer – A personal injury attorney can protect your rights and help secure fair compensation.
Common Defenses in Rear-End Accident Lawsuits
At-fault drivers may try to avoid liability using these defenses:
- The front driver was negligent (e.g., brake-checking, sudden lane changes).
- Mechanical failure caused the accident, not the driver.
- Road conditions (such as ice or fog) contributed to the crash.
- Comparative negligence (both drivers were partially at fault).
A skilled attorney can counter these defenses and build a strong case for the victim.
How Long Do You Have to File a Lawsuit?
Each state has a statute of limitations for filing rear-end accident lawsuits. In most states, the deadline is between two to four years from the accident date. However, deadlines vary, so victims should act quickly.
Case Examples: Rear-End Accident Lawsuit Outcomes
Case 1: Distracted Driver Pays $200,000 Settlement
A driver rear-ended another vehicle while texting. The victim suffered a spinal injury and sued. The case settled for $200,000, covering medical costs and lost wages.
Case 2: Wrongful Death Lawsuit Wins $1.5 Million
A family sued after their loved one was killed in a rear-end accident involving a drunk driver. The jury awarded $1.5 million in damages.
Case 3: Employer Pays for Commercial Truck Rear-End Crash
A trucking company was held responsible after their driver rear-ended a car at high speed. The settlement reached $750,000 to cover injuries and vehicle damage.
Why You Need a Lawyer for a Rear-End Accident Case
Insurance companies often offer low settlements or deny claims. An experienced personal injury lawyer can:
- Investigate the accident
- Gather evidence (police reports, medical records, witness statements)
- Negotiate with insurance companies
- Represent victims in court if necessary
Get Help for Your Rear-End Accident Case
Rear-end accidents can cause serious injuries and financial hardship. If you or a loved one were injured in a rear-end crash, Sobo & Sobo can help.
Our experienced attorneys fight for fair compensation and justice. We offer free consultations, and our clients never owe us anything out of pocket, meaning you pay nothing unless we win your case.
Contact Sobo & Sobo today to discuss your case. Call 855-468-7626, or fill out our online contact form for a free consultation.