The sudden impact of a rear-end collision can leave you disoriented and uncertain about what to do next. While these crashes are common, they are often more complicated than they appear, potentially resulting in injuries that don’t appear right away and giving rise to complicated insurance claims.
If a negligent driver hits your car from behind, a skilled car accident attorney can seek appropriate compensation for you. Contact Tysons Trial Law at (703) 888-5535 to discuss your case with our team.
Key Takeaways About Rear End Car Accidents in Virginia
- In Virginia, the driver who rear-ends another vehicle is usually presumed to be at fault, but this is not always the case.
- Injuries like whiplash and concussions are common in rear-end crashes and may not show symptoms for hours or even days.
- Speaking with an attorney before giving a recorded statement or accepting a settlement offer from an insurance company is a key step to protecting your rights.
How Fault Is Determined in a Virginia Rear End Collision
In most rear-end crashes, the trailing driver is presumed to be at fault, although this presumption can be rebutted. It is based on the legal duty of every driver to maintain a reasonable and prudent following distance.
Virginia Code § 46.2-816 says that drivers must not follow another vehicle more closely than what is safe and reasonable. If a driver ignores this rule and a crash happens, it is usually assumed that the driver in the rear was negligent because they did not leave enough space between vehicles.
However, insurance companies may still try to shift the blame to avoid paying a claim.
Because fault determinations depend heavily on the specific facts, a car accident attorney can help present the evidence needed to counter arguments that bar your recovery.
When the Front Driver May Be Responsible in a Rear End Crash
While uncommon, there are certain situations where the front driver may share responsibility for a rear-end collision. An insurance adjuster will look for any opportunity to argue that one of these exceptions applies to your case.
- Your vehicle had non-working brake lights: If the rear driver could not tell you were slowing down.
- You reversed suddenly and unexpectedly: Backing into the car behind you.
- You stopped abruptly without a valid reason: A sudden stop in moving traffic for no apparent hazard.
- You cut off the other driver and then stopped: Not leaving them enough time to react safely.
These scenarios highlight why a thorough investigation is so important. A skilled car accident attorney works to gather the evidence needed to counter these arguments and support your claim that the other driver was responsible.
Common Injuries After a Rear End Car Accident in Virginia
Even a low-speed rear-end impact can generate immense force, snapping a person’s head and neck backward and forward violently. This motion commonly causes whiplash, one of the most common injuries in these crashes. The symptoms of whiplash and other soft tissue injuries can sometimes take days to fully manifest.
Because of this delay, many people underestimate their injuries at the scene of the accident. They might say they feel fine, only to wake up the next day in significant pain.
Seek a prompt medical evaluation. It creates a medical record linking your injuries to the crash, which can serve as key evidence in your claim. Other common injuries include concussions, herniated discs, and shoulder or back sprains.
This information is not a substitute for professional medical advice. Always seek evaluation from a qualified healthcare provider after any collision.
Symptoms to Watch for After a Rear End Collision
After any car accident, you should pay close attention to how your body feels in the hours and days that follow. Certain symptoms may indicate a more serious underlying injury that requires immediate medical attention.
- Headaches, especially those that worsen over time
- Neck pain and stiffness
- Dizziness or blurred vision
- Pain in the shoulders, back, or arms
- Numbness or tingling sensations
If these symptoms appear, see a doctor right away. Your health is the priority, and a medical report provides the documentation your lawyer needs to build a strong claim.
How a Virginia Car Accident Lawyer Helps After a Rear End Crash
After a rear-end collision, you might feel pressure from the other driver’s insurance company to settle quickly. The attorneys at Tysons Trial Law manage these communications for you, protecting your rights from the start. We handle every aspect of your claim so you can focus on your recovery.
Our legal team conducts a thorough investigation into the crash, gathering evidence such as police reports, witness statements, and traffic camera footage. We work with you to document your injuries and identify all categories of recoverable damages, including medical expenses, lost income, and pain and suffering.
A Virginia car accident lawyer from our firm will prepare your claim thoroughly and pursue fair compensation, ready to take the case to court if necessary.
FAQs for Car Accident Attorneys
It is generally not advisable to accept the first offer. These early proposals tend to undervalue the claim, and a car accident attorney can assess whether the amount reflects your actual losses.
Modern cars are designed to withstand impact with minimal visible damage, but this does not mean the occupants are not injured. Serious injuries like concussions and whiplash can occur even when there are only minor dents and scratches on the bumper.
Contributory negligence is a legal rule that can prevent you from recovering any money if you are found to be even slightly at fault for the accident. The insurance company for the at-fault driver will look for any way to argue you contributed to the crash.
Virginia enforces a statute of limitations, which typically gives you two years from the date of the car accident to file a personal injury lawsuit in court. You lose the legal right to pursue compensation if you do not file your case within this time limit. This time limit applies to most personal injury cases.
Next Steps to Protect Your Rights After a Rear End Accident
The time after a car crash can be stressful and confusing. While you focus on recovering from your injuries, you may also be dealing with repairs and persistent calls from insurance adjusters. You do not have to navigate these issues alone. An experienced attorney can take on the legal and insurance matters so you can concentrate on your health.
Do not let an insurance company guide the outcome of your case. Take steps to protect your rights by working with a knowledgeable lawyer. Call Tysons Trial Law at (703) 888-5535 to schedule a consultation.