Rear-End Collision Lawyer: Claims for Drivers Hit From Behind in Delco and Philadelphia

Who pays when you are rear-ended in Pennsylvania

When another driver hits you from behind, that driver is usually responsible, because Pennsylvania requires every driver to leave enough room to stop behind the car ahead. Your own policy pays your first medical bills regardless of fault, and the rear driver's liability insurer answers for the losses beyond that.

Warren I. Siegel has practiced in Pennsylvania since 1992 and counts automobile accident claims among the core of his work. From our office at 8000 West Chester Pike in Upper Darby, he sees rear-end claims from the same stop-and-go traffic outside the window.

The following distance rule that decides most of these cases

Section 3310 of the Vehicle Code says a driver shall not follow another vehicle more closely than is reasonable and prudent, with due regard for speed, traffic and the condition of the road. Section 3361 adds that no one may drive faster than will let them stop within the assured clear distance ahead.

Put together, those rules mean a driver who cannot stop before striking the car in front has a lot of explaining to do. A rear impact is strong evidence of fault, but it is not an automatic win. The defense will look for any reason your car stopped where and when it did.

When the car in front shares the blame

The lead driver can carry some or all of the fault in a few situations. Under Pennsylvania's comparative negligence statute (42 Pa.C.S. § 7102), your recovery shrinks by your share of fault and is barred only if your share is greater than the combined share of the drivers you sue.

• The lead car cut into the lane and braked right away, leaving no room to stop.
• The lead car's brake lights were out, so the driver behind had no warning.
• The lead driver shifted into reverse, for example after missing a turn.
• The lead driver stopped suddenly on a highway for no traffic reason, such as a missed exit.

Injuries a rear impact causes

A hit from behind throws your torso forward against the belt while your head lags, then snaps forward. That motion strains the neck and upper back, can herniate discs in the cervical or lumbar spine, and can cause a concussion even when your head never strikes anything. Drivers who braced against the wheel often hurt a wrist or shoulder.

Many of these injuries feel minor on the day of the crash and worsen over the next several days. Get checked promptly and follow the treatment plan. A gap of weeks between the crash and your first visit is the adjuster's favorite argument that something else caused your pain.

Why your tort option matters more in a rear-end case

Because rear-end injuries are so often soft tissue injuries, the limited tort election in 75 Pa.C.S. § 1705 comes up constantly. If you chose limited tort, you can still recover medical bills and lost income, but you cannot recover pain and suffering unless the injury is a serious injury: death, serious impairment of body function, or permanent serious disfigurement (§ 1702).

Limited tort does not apply in every case. You keep full tort rights if the driver who hit you is convicted of DUI or accepts ARD for it in that crash, is driving a car registered in another state, or had no insurance. You also keep them if you were riding in something other than a private passenger vehicle, such as a SEPTA bus or a work truck. Our guide to limited tort vs full tort explains how the serious injury question is argued.

Where rear-end crashes happen around Upper Darby and West Philadelphia

West Chester Pike is a steady source of these claims: shopping center entrances, drivers slowing to turn, and SEPTA buses pulling in and out of stops. Baltimore Pike through Clifton Heights and Springfield has the same pattern, as does State Road. On the Schuylkill Expressway, traffic can go from highway speed to a standstill in a few hundred feet, which is why one rear impact there often turns into several. If more than two cars were involved, our page on multi-vehicle pileups covers how fault is split.

Evidence to lock down in the first weeks

• Photos of both vehicles, especially the front end of the car that hit you, which shows how hard the impact was.
• The crash report and the name of the responding department.
• Data from the other car's airbag control module, which can record speed and braking in the seconds before impact.
• Dash cam footage and video from nearby stores or gas stations, which is often recorded over within days.
• Names and numbers of anyone who saw the other driver looking down or following too close.

The deadline and how our fee works

In most cases you have two years from the crash to file a lawsuit (42 Pa.C.S. § 5524). Exceptions exist, and a claim involving a government vehicle has a six-month notice requirement, so do not wait on it.

You pay no attorney fee unless we recover, because we work on a 100% contingency basis. The firm advances all case costs and is repaid only out of a recovery; if there is none, you owe nothing. Call (267) 412-4601 or send the free case review form.