Rear-end collisions are among the most common crashes on US roads. They often seem straightforward: the car behind should have stopped. In many cases that's how fault is decided, but there are exceptions, and the injuries can be more serious than the damage to the cars suggests.
This is general information, not legal advice. Rules vary by state.
Who is at fault when you get rear-ended?
In most states, the following driver is presumed at fault, because every driver must keep a safe distance and be able to stop. Typical causes include tailgating, distraction, speeding and poor road conditions.
The presumption can usually be challenged. The front driver may share fault if they:
- Reversed into the car behind
- Cut in front and braked suddenly
- Stopped abruptly for no reason
- Had broken brake lights or was driving without lights at night
- Were driving erratically or illegally
Shared fault can reduce what each driver recovers. Read what is comparative fault.
Chain-reaction (multi-car) rear-end crashes
When several cars are involved, fault can be divided among more than one driver. The order of impacts matters, so photos of every vehicle, witness statements and the police report are especially important.
Common rear-end collision injuries
The sudden forward-and-back motion is a classic cause of whiplash, even at low speeds. Other common injuries:
- Neck and back sprains and strains
- Herniated or bulging discs
- Concussion, if the head hits the headrest, window or steering wheel
- Shoulder and wrist injuries from bracing
Symptoms often appear hours or days later. Read whiplash symptoms after a car accident and delayed pain after a car accident.
What to do after being rear-ended
- Check for injuries and call 911 if anyone is hurt.
- Move to safety if you can, and turn on hazard lights.
- Call the police so there is a report.
- Photograph both cars, the positions, the road and any skid marks.
- Exchange information and get witness contact details.
- Save dashcam footage and ask nearby businesses about cameras.
- See a doctor within a day or two, even if you feel fine.
- Report the crash to your insurer, but be careful talking to the other driver's insurer. Read should I talk to the other driver's insurance.
Who pays in a no-fault state?
In no-fault states, your own personal injury protection (PIP) coverage usually pays your medical bills and some lost income first, whoever caused the crash. You may be able to claim against the rear driver if your injuries meet the state's threshold. Read what is a no-fault state.
When to get a case review
If you were hurt, needed treatment, missed work, or the other driver's insurer disputes fault, it may be worth talking to an attorney. Start a free case review. Accident Claim Check is not a law firm; we connect qualifying people with independent attorneys in their state.