Rear-end crashes are one of the most common types of car accidents. They occur when one vehicle hits the back of another. These collisions often happen in heavy traffic, at stoplights, or on highways when a driver is distracted or following too closely. Even at moderate speeds, a rear-end impact can cause serious injuries. Whiplash – a neck injury from the sudden jerking motion – is a well-known result of rear-end accidents, along with back injuries and concussions.
Common Causes of Rear-End Collisions
Most rear-end accidents are caused by driver inattention or tailgating. Some common causes include:
- Distracted driving: Texting, phone use, or other distractions can lead a driver to not notice the car ahead slowing or stopping.
- Following too closely: Not leaving enough distance (tailgating) means there is not enough time to brake.
- Sudden stops: If the lead vehicle stops abruptly and the rear driver is too close or not attentive, a collision can occur.
- Adverse weather: Rain or ice can increase stopping distances; if a driver doesn’t account for slippery roads, they may slide into the car ahead.
Washington’s traffic laws explicitly require drivers to maintain a safe following distance. Under RCW 46.61.145, a driver “shall not follow another vehicle more closely than is reasonable and prudent” given the speed and road conditions. Violating this law (commonly called the “following too closely” rule) can be evidence of negligence if it leads to a crash.
Liability in Rear-End Accidents
In many rear-end crashes, the trailing driver is presumed to be at fault because they likely breached their duty to follow at a safe distance. All drivers have a legal duty of care to operate their vehicles safely. If a driver hits the car in front, it’s often because they were careless (e.g. distracted or tailgating), which is a breach of that duty. This can make them legally negligent. However, liability isn’t automatic in every case. Washington is a pure comparative negligence state, which means fault can be shared between parties.
For example, if the front car’s brake lights were not functioning or the driver made an unsafe sudden stop, that driver might bear a percentage of fault. In a comparative negligence system, an injured driver can still recover damages even if they are partly at fault, but their compensation is reduced by their percentage of fault. For instance, if the rear driver is found 90% at fault and the front driver 10% at fault, the front driver (if injured) could still recover 90% of their damages from the rear driver’s insurance.
Washington Laws and Considerations
Washington follows a fault-based system for car accidents. This means the at-fault driver (through their insurance) is responsible for paying damages. If you are rear-ended in Washington, you would typically file a claim against the rear driver’s liability insurance to seek compensation for vehicle damage, medical bills, lost wages, and pain and suffering. Washington law requires drivers to carry liability insurance with minimum limits of $25,000 per person for injury and $10,000 for property damage.
It’s important to note the statute of limitations for car accident injury claims in Washington. In general, you have three years from the date of the accident to file a personal injury lawsuit. Failing to file within this time means you likely lose the right to sue for your injuries. (There are limited exceptions, such as for minors or if injuries are discovered later, but the three-year rule applies in most cases.)
Seeking Compensation and Legal Help
In a rear-end crash, injuries like whiplash sometimes aren’t immediately obvious and can worsen over days. It’s wise to get medical attention and document everything. When dealing with insurance companies, keep in mind that insurers may try to minimize payouts for “soft tissue” injuries like whiplash.
An experienced car accident attorney can help gather evidence (like the police accident report, witness statements, or traffic camera footage) to establish fault and the extent of your injuries. Because Washington is a comparative negligence state, if the insurance company tries to blame you even partially (for example, alleging you stopped suddenly without reason), a personal injury attorney can advocate on your behalf. Understanding the legal framework (including traffic laws and deadlines) can significantly affect the outcome of a case. With the help of legal professionals at Bridge Law, you can navigate the claims process under Washington law and work toward recovering damages for medical expenses, vehicle repairs, and pain and suffering caused by the crash.
