Who Is at Fault in a Rear-End Accident?

In most rear-end accidents, the driver who struck the vehicle from behind is presumed to be at fault. California law requires drivers to maintain a safe following distance under Vehicle Code Section 21703. When a driver tailgates or fails to stop in time, they violate this law and are typically liable for the resulting injuries. However insurance companies routinely challenge this presumption by arguing the front driver stopped suddenly without reason, the front driver’s brake lights were not functioning, the front driver cut off the rear driver, or the front driver was also distracted or negligent. Attorney Anthony Girgis knows these tactics and builds cases that counter them with police reports, witness statements, traffic camera footage, and accident reconstruction when necessary.

Common Injuries in Rear-End Accidents

Rear-end accidents generate significant force even at relatively low speeds. Whiplash is the most common rear-end injury, caused by the sudden back-and-forth motion of the neck — symptoms may not appear for days after the accident. Herniated discs occur when the force of impact compresses or ruptures spinal discs, causing chronic pain and nerve damage. Traumatic brain injury can occur when the brain strikes the inside of the skull during the impact. Shoulder and knee injuries often result from bracing against the steering wheel or dashboard. Facial injuries can occur from airbag deployment or contact with the steering wheel.

Why Insurance Companies Undervalue Rear-End Claims

Insurance adjusters are trained to minimize payouts on rear-end claims. Common tactics include offering a quick settlement before the full extent of your injuries is known, arguing that your injuries were pre-existing, claiming your injuries are too minor to justify your medical treatment, disputing the need for ongoing care or physical therapy, and using your recorded statement against you. Never accept a settlement offer or give a recorded statement without first consulting Attorney Anthony Girgis.

What Compensation Can You Recover?

Compensation available in rear-end accident cases includes medical expenses including emergency care, imaging, physical therapy, and future treatment, lost wages and lost earning capacity, pain and suffering, emotional distress, property damage, and rental car expenses.

What to Do After a Rear-End Accident

Call 911 and get a police report even if damage appears minor. Photograph all vehicle damage, your injuries, and the scene. Get contact information from all witnesses. Seek medical attention immediately because whiplash symptoms can be delayed. Do not tell the other driver or their insurer that you feel fine. Contact Girgis Law Firm before accepting any settlement offer.

Why Choose Girgis Law Firm?

Girgis Law Firm has recovered millions for accident victims across the San Fernando Valley. Attorney Anthony Girgis has experience countering insurance company tactics in rear-end claims and provides direct access throughout your case. There are no upfront fees and you pay nothing unless we win. We offer a free consultation to review your case and explain your options.

Request a Free Consultation

Call (818) 986-5000 or fill out our contact form for a free, no-obligation consultation with Attorney Anthony Girgis. We represent accident victims throughout Encino and the San Fernando Valley on a contingency fee basis — you pay nothing unless we win.