You are stopped at a red light on Bell Road in Glendale, or easing to a halt in slow traffic on the Superstition Freeway in Mesa, when you feel a sharp jolt from behind. You have just been rear-ended; you’re in pain, in shock and uncertain about what to do next.
If this sounds familiar, you are not alone; rear-end collisions are the most common type of crash on Arizona roads. They are often dismissed as minor “fender benders,” but anyone who has been hit from behind knows that even a low-speed impact can leave you with weeks of neck pain, mounting medical bills, and an insurance company eager to pay as little as possible.
Arizona law permits the injured driver to collect compensation If you have been rear-ended anywhere in Arizona, you probably have two questions: Who is at fault, and what happens next? Here is what you need to know.
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Why Rear-End Crashes Happen
Most rear-end collisions occur when the driver behind you did not leave enough room or attention to stop in time. The usual culprits include:
- Distracted driving, like glancing at a phone, the radio, or a passenger is all it takes. At freeway speeds on the Loop 101 or I-10 near Tucson, two seconds of inattention covers the length of a football field.
- Following too closely, also known as “tailgating,” which leaves no margin when traffic stops suddenly.
- Speeding, an unsurprisingly common factor in such crashes. The faster a driver is going, the longer it takes to stop and the harder the impact.
- Sudden stops in heavy traffic, particularly along Arizona’s commuter corridors. These roads stop and surge constantly, and drivers who are not paying attention put others at risk.
- Impaired or drowsy driving, which slows reaction time and contributes to serious rear-end crashes all across Arizona.
- Weather, such as monsoon rain and blowing dust, both of which reduce visibility and traction. This is especially true on open freeway stretches.
After a Rear-End Accident, Arizonans Trust Rasmussen Injury Law
For more than 30 years, Rasmussen Injury Law has represented injured people across Arizona, with offices in Glendale, Mesa, and Tucson. We handle car accident cases of every size, from low-speed rear-end crashes to catastrophic multi-vehicle pileups, and we know how insurers try to minimize “minor” collisions that are anything but. We work on a contingency fee basis, which means you pay nothing unless we recover compensation for you.
Who Is at Fault in a Rear-End Collision?
There is a widespread belief that the driver in the back is always at fault. That is mostly true, but not always, and the distinction matters for your claim. Arizona is an at-fault state, which means the driver who caused the crash is responsible for the resulting damages.
In a typical rear-end collision, the rear driver is presumed to be at fault, as every driver has a duty to maintain a safe following distance and to be able to stop safely. If you rear-end someone, the burden generally falls on you to explain why it was not your fault.
The front driver may share fault in certain circumstances (and you can be certain that the insurance companies will do everything in their power to shift the blame away from their insured). There are real situations where the lead driver, or even a third party, shares or carries the blame:
- The lead driver reversed suddenly or rolled backward.
- The lead driver cut in front and slammed on the brakes (a “brake check” or an aggressive merge).
- The lead driver’s brake lights were not working, giving no warning.
- The lead driver stopped in a travel lane without cause or pulled a sudden, unsignaled maneuver.
- A third vehicle pushed one car into another in a chain-reaction pileup, which is common in multi-car crashes on busy freeways.
In chain-reaction collisions, fault can be split among several drivers, and untangling who hit whom first often requires the police report, witness statements, and sometimes vehicle data. This is exactly where having an Arizona car accident attorney investigate early pays off. To speak with a personal injury lawyer about your rear-end accident claim, call (480) 637-5757.
What happens if I was partly at fault in a rear-end collision?
Arizona follows a pure comparative negligence rule. That means even if you were partly responsible for the crash, you can still recover compensation, reduced by your percentage of fault. (For instance, if you are found 20 percent at fault and your damages are $50,000, you can still recover $40,000.) For this reason, insurance companies will often try to pin some share of the blame on you to shrink what they owe.
Read More from Rasmussen Injury Law: Can I Sue If I Was Partially at Fault in Arizona?
Why Rear-End Accident Injuries Are Often Worse Than They First Look
The phrase “fender bender” wrongly convinces people they are not really hurt. The reality is that rear-end impacts put unique forces on the body, especially the neck and spine. This delay is why prompt medical care is so important. If you wait, the insurance adjuster will argue that your injuries were not serious or were not caused by the crash at all.
Common injuries include whiplash and other soft tissue damage, herniated discs, back and neck injuries, concussions and other traumatic brain injuries, and in severe crashes, spinal cord injuries. Many of these do not show their full severity for days or even weeks. Adrenaline masks pain at the scene, and symptoms like stiffness, headaches, dizziness, and numbness creep in later.
What to Expect From a Rear-End Collision Claim
Once you report the crash, the at-fault driver’s insurer will open a claim, and you will likely hear from an adjuster quickly. Here is the general path a claim takes:
The adjuster investigates and often makes an early offer. That first number is almost always low. It is designed to close the file before you know the full extent of your injuries.
Your medical treatment continues. A claim should not be settled until your doctors understand your prognosis, because once you accept a settlement and sign a release, the case is closed for good. If your neck pain turns into a herniated disc needing surgery months later, you cannot reopen it.
Damages are calculated. A fair settlement should account for far more than your emergency room bill, including ongoing medical care, lost wages, reduced earning capacity, property damage, and pain and suffering.
Negotiation, and sometimes a lawsuit. Most rear-end cases settle, but a fair settlement often comes only after firm negotiation, and occasionally after a lawsuit is filed to apply pressure. For a deeper look at valuation, see our blog on how much an Arizona car accident settlement is worth.
What to Do After Being Rear-Ended
The steps you take in the first hours and days protect both your health and your claim:
- Call 911 and get a police report, whether the crash happened in Glendale, Mesa, Tucson, or anywhere else.
- Get medical attention promptly, even if you feel okay.
- Document the scene with photos of both vehicles, the road, and your injuries, plus witness contact information.
- Be cautious with the insurance company. Avoid giving a recorded statement or accepting a quick offer before you understand your claim.
- Talk to an attorney before you sign anything.
Our blog, What to do After a Car Accident in Arizona, walks through each of these steps in detail.
Don't Wait: Arizona's Filing Deadline is 2 Years
Arizona generally allows two years from the date of the crash to file a personal injury claim, under A.R.S. section 12-542. The sooner you act, the more evidence can be preserved, from the police report to any surveillance or dash-cam footage that captured the impact.
Frequently Asked Questions about Rear-End Collisions in Arizona
Is the rear driver always at fault in a rear-end collision?
Usually, but not always. The rear driver is presumed at fault because every driver must keep a safe following distance. That presumption can be overcome if the lead driver reversed, cut in and brake-checked, had broken brake lights, or stopped without cause.
I was rear-ended but feel fine. Do I need to see a doctor?
Yes. Whiplash, concussions, and soft tissue injuries often take days to surface. A prompt medical record protects both your health and your ability to prove the crash caused your injuries.
The insurance company offered me a settlement already. Should I take it?
Not before you understand what your claim is worth. Early offers are designed to close the file cheaply. Once you sign a release, you cannot ask for more, even if your condition worsens.
What if I was partly responsible for the crash?
Under Arizona’s pure comparative negligence rule, you can still recover compensation reduced by your share of fault.
How much does it cost to hire a car accident lawyer?
At Rasmussen Injury Law, nothing up front. We work on contingency, so our fee comes out of the recovery we obtain for you. If we recover nothing, you owe us nothing.
Talk to an Arizona Car Accident Attorney Today
A rear-end collision can upend your life with injuries, lost work, and an insurer that treats your case as trivial. You do not have to handle it alone. Whether your crash happened in Glendale, Mesa, Tucson, or anywhere else in Arizona, Rasmussen Injury Law is ready to listen and fight for the full, fair compensation you deserve. Let us handle the insurance companies while you focus on getting better.
Contact us today for a free, no-obligation case evaluation. Call (480) 637-5757 or reach out through our website.