Imagine you’re driving along on a normal day, headed to work. Everything is going well until you look in the rearview mirror and see a big black pickup on your tail. It’s uncomfortably close, right on your bumper. Immediately, you feel nervous because you know that when a driver follows that closely, accidents can happen quickly. What if you have to stop, suddenly, or the traffic in front of you slows down? That small gap could easily turn into a rear-end collision.
At Shapiro, Washburn & Sharp, we have worked with numerous clients who were injured in rear-end collisions. With over 100 years of combined legal experience, our lawyers have been recognized in the esteemed Super Lawyers list and the National Trial Lawyers Top 100 list for their dedication. We are aware of the frequency of rear-end collisions and the significant damage they can cause.
If you find yourself a victim of this type of crash, you can learn more about your rights in the article below. If you believe you may have a claim, call our Virginia Beach car accident attorneys today at 833-997-1774 for a free consultation.
How Often do Rear-End Collisions Happen?
The leading cause of rear-end crashes is following too closely, also known as tailgating. This dangerous driving behavior ignores the standard advice to maintain a safe distance between vehicles to allow time for braking if needed.
According to the Insurance Information Institute (III), in 2022, there were 2,817 rear-end crashes, accounting for 7.2 percent of the fatal crashes that year. The National Highway Traffic Safety Administration (NHTSA) notes that these crashes resulted in 455,743 injuries, accounting for 27.4 percent of the total motor vehicle-related injuries, and 525,053 deaths. Earlier reports by the NHTSA estimated that rear-end crashes account for more than 29 percent of all crashes.
What makes these statistics particularly tragic is that many of these crashes could have been prevented had the drivers maintained the proper following distance.
You may remember the three-second rule from your early driving education days. That rule recommended maintaining enough distance to allow three seconds between when the car ahead passes a fixed point and when your vehicle reaches the same point. This is a good rule to remember, as when you’re on the highway, vehicles need a substantial distance to come to a complete stop safely. This rule helps create a buffer to make sure everyone can stop if needed without causing a crash.
Following too closely can be really dangerous during rush hour traffic, when it’s common to stop and go for miles. A driver who crawls up another driver’s bumper may not be able to react quickly enough when that vehicle has to slam on the brakes suddenly.
What Other Factors Contribute to Rear-End Collisions?
In addition to following too closely, other factors can also increase the likelihood of a rear-end collision occurring.
Distracted Driving
Distraction may be one of the most common. In the 100-car Naturalistic Driving Study analysis, NHTSA researchers found that 87 percent of striking drivers in rear-end crashes were distracted at the time of the crash. In more than half the cases, the lead vehicle was already stopped, and the tailing driver failed to notice in time.
Sudden Stops
As noted above, stop-and-go traffic can also increase the risk of rear-end collisions. When drivers ahead make unexpected emergency stops—whether for pedestrians, debris on the roadway, or emergency vehicles—those drivers behind them may not react fast enough. Driver inattention, distraction, or failure to keep a lookout is sometimes termed “recognition errors,” and these make up about 41 percent of the reasons for crashes, according to an NHTSA Report to Congress.
Weather and Surface Conditions
Wet and icy pavement makes it more difficult for vehicles to come to a stop. Careful drivers increase their following distance under these types of conditions so they can still stop safely. Virginia’s own driver’s manual cautions that wet pavement can double stopping distance, advising drivers to increase their following distance in wet, icy conditions.
Mechanical Failures
Though these are less common than the other reasons listed here, mechanical problems may also cause a rear-end crash. Imagine if a vehicle’s brakes suddenly fail, or its tire blows out. This leads to a lack of control, which can cause one driver to rear-end another.
What Injuries May Occur In Rear-End Collisions?
The human body isn’t designed to withstand the sudden, violent forces often created in rear-end crashes. Even minor impacts can result in significant injuries—some of which may not manifest symptoms immediately.
Whiplash
This is the most common injury suffered in rear-end collisions. The quick back-and-forth motion of the head and neck when the car is hit stretches and strains muscles, ligaments, and tendons beyond their normal range of motion. Minor cases of whiplash typically heal on their own within a few weeks, but more severe cases can cause chronic pain and movement issues for months or even years.
Back and Spine Injuries
These may result from the compression forces generated during rear-end crashes. Examples include herniated discs, compressed vertebrae, and soft tissue damage in the lower back. Any of these can cause debilitating pain and require extensive medical treatment. Some severe rear-end crashes may damage the spinal cord enough to cause paralysis.
Head Injuries
If the occupants strike hard surfaces inside the vehicle—such as the steering wheel or dashboard—the brain may shift violently within the skull. This can cause brain injuries such as concussions and traumatic brain injuries that can have lasting cognitive effects.
Chest Injuries
Sudden contact with the steering wheel, seat belt, or airbag during a collision can create chest injuries. Though safety devices can save lives, they can also cause their own injuries, including fractured ribs, bruised sternums, and internal organ damage.
Knee and Leg Injuries
Drivers and front-seat passengers who may be thrown forward into the dashboard or steering column may suffer from these injuries. They may include fractures, torn ligaments, and severe bruising that may require surgical treatment and rehabilitation.
How Does Virginia Determine Fault in Rear-End Collisions?
Under Virginia law, drivers are required to maintain a safe distance between their vehicle and the one in front of them. Virginia Code 46.2-816 addresses following too closely and makes it clear that if a vehicle is found to have been following at a distance that is unsafe prior to the crash, the driver will likely be found at fault or at least partially at fault.
Other laws may come into play in a rear-end collision claim. If the other driver was driving too fast for the conditions, for example, that may escalate a case into reckless driving under Virginia Code 46.2-861. Other possible evidence that could support a personal injury claim could be anything that suggests the other driver was distracted or under the influence of drugs or alcohol.
If the front driver, however, had brake lights that were not working, that would complicate the case. Evidence regarding lights and signaling is relevant in cases like this and could suggest that the lead driver may have shared fault.
It is important to know that in Virginia, if you are found to be even partially at fault for the accident, you won’t be able to recover compensation for your injuries. This is called “contributory negligence.” That’s why having an experienced car accident lawyer on your side can be extremely helpful.
How a Car Accident Attorney Can Help
Rear-end claims may look simple at first, but they can turn complicated fast, especially with Virginia’s contributory negligence law. The other side will look for any decision they can label as your negligence and try to pin that on you to safeguard their client.
At Shapiro, Washburn & Sharp, our team understands how to frame these types of violations and how to use data from photos, video footage, witness statements, police reports, and expert testimony to present a strong argument in your favor.
If you or a loved one was hurt in a rear-end collision, contact us right away. We’ll evaluate your case, and if we determine that we can help, we’ll pursue the compensation you deserve, as we did for our client who was rear-ended at the intersection of Monticello Ave. and E. Virginia Beach Blvd. in Norfolk, Virginia. We helped negotiate a $250,000 full policy settlement on our client’s behalf.
Our offices are located in Virginia Beach, Norfolk, Portsmouth, Suffolk, Hampton, and Chesapeake.