If you have been hurt in a rear-end collision in Pennsylvania, the Siddons Law Firm, PLLC represents the injured party in claims against the rear driver and any responsible third parties. Rear-end crashes are common but the injuries they produce — especially soft-tissue and cervical-spine injuries — are often minimized by insurers despite causing real, lasting harm.
How Fault Is Determined
In nearly all rear-end collisions, the rear driver is presumptively at fault. Pennsylvania’s Vehicle Code requires every driver to maintain a safe following distance and to be able to stop within the assured clear distance ahead (75 Pa.C.S. § 3361). When a driver hits the vehicle in front of them, the rear driver almost always either:
- Was following too closely;
- Was driving too fast for conditions;
- Was distracted (texting, phone use, in-vehicle screens);
- Was impaired by alcohol or drugs; or
- Was fatigued or fell asleep at the wheel.
There are limited circumstances where the front driver may share fault — sudden, unexplained, and unsignaled stops, brake-light failure, or merging into traffic without leaving safe room. Defense attorneys try to leverage these exceptions; our investigation establishes the actual mechanics of the crash early.
Common Injuries from Rear-End Collisions
The biomechanics of a rear-end collision push the head and torso violently forward and then backward, producing injuries that are often more serious than the visible vehicle damage suggests:
- Whiplash and cervical strain — the most common rear-end injury; ranges from days of stiffness to years of chronic neck pain
- Cervical disc herniation — diagnosable on MRI, often requiring epidural steroid injections, physical therapy, or in severe cases anterior cervical discectomy and fusion (ACDF)
- Concussion and mild traumatic brain injury (mTBI) — head striking the headrest or steering wheel; symptoms include headaches, brain fog, sleep disturbance, light sensitivity
- Lumbar strain and lower-back disc injuries
- TMJ and jaw injuries from teeth striking together at impact
- Shoulder injuries from seat-belt restraint
- Wrist and hand injuries from gripping the steering wheel
- Post-traumatic stress and driving anxiety
Why Insurers Lowball Rear-End Claims
Insurance companies push back hard on rear-end claims for two reasons. First, the visible vehicle damage is often modest while the medical bills can be substantial — defense counsel argue the injuries can’t be that bad. Second, soft-tissue injuries are not visible on X-ray, so the insurer attacks the medical evidence as “subjective.”
Beating that defense requires consistent contemporaneous medical records, properly-timed MRI imaging, and physician opinions that link the injuries to the collision. We make sure clients get evaluated promptly and continue treatment until they reach maximum medical improvement.
Pennsylvania’s Limited-Tort Trap
Pennsylvania is one of the few states with a “limited tort” auto insurance option. If you elected limited tort on your auto policy, you cannot recover non-economic damages (pain and suffering) for non-serious injuries — even if the rear driver is 100% at fault. There are statutory exceptions for “serious injury,” out-of-state defendants, drunk drivers, and a few others. We always check the limited-tort election on your policy at the outset and identify any applicable exceptions.
Statute of Limitations
You have 2 years from the date of the collision to file a personal-injury lawsuit in Pennsylvania. Property-damage claims have the same 2-year window. Notice-of-claim deadlines for crashes involving government vehicles are much shorter (often 6 months). Call promptly.
What to Do After a Rear-End Crash
- Get medical attention. Even if you feel okay at the scene, the adrenaline of a crash often masks pain — soft-tissue and concussion symptoms commonly emerge 24-72 hours later.
- Photograph the vehicles, the scene, the road conditions, traffic signals, and your visible injuries.
- Get the other driver’s name, address, license, registration, and insurance information.
- Get the names and phone numbers of any witnesses.
- Call the police and file a report. PA AA-form crash reports are critical evidence.
- Notify your own auto insurer (you may have first-party medical-benefits coverage that pays for treatment regardless of fault).
- Do NOT give a recorded statement to the at-fault driver’s insurer until you have spoken with a lawyer.
- Do NOT sign any release or accept any quick settlement offer.
- Call our office for a free, confidential evaluation.
Free Case Evaluation
If you have been hurt in a rear-end collision in Pennsylvania, contact our office for a free, confidential evaluation. There is no cost to discuss your potential claim, and there is no fee unless we recover compensation.