Hampton, VA Rear-End Accident Lawyers

When a rear-end accident leaves you seriously hurt, the decisions you make in the weeks that follow can affect your recovery, your finances, and your future. Since 1949, the Smith Law Center has been standing behind injury victims in Hampton when it matters most.

We are the largest personal injury firm on the Virginia Peninsula and have recovered more than $1 billion for the people we represent. If you or a loved one was injured in a rear-end crash, call (757) 244-7000 or fill out our online form.

What Causes Most Rear-End Accidents in Virginia?

Speeding, tailgating, and distracted driving cause most rear-end crashes in Virginia. The Virginia DMV reports that, in one year, over 13% of crashes involved following too closely—about 1 in 8 crashes.

Many of the people who contact us were hurt in rear-end car accidents like these:

• A mom picking up her kids from school is stopped at a red light when another driver rear-ends her. She suffers from whiplash and a back injury, missing weeks of work. Her youngest, still in a car seat, suffers a concussion.
• A woman is driving home from a doctor's appointment when a distracted driver hits her from behind on the highway. What felt like a minor impact left her with a herniated disc and months of physical therapy ahead of her.
• An elderly man is waiting to make a left turn when the car behind him, traveling too fast to stop in time, collides with the back of his vehicle. He sustains a traumatic brain injury that changes his daily life completely.

These are the kinds of rear-end accident situations we see every day at Smith Law Center. We know that behind every one of them is a person whose life has been turned upside down. Nancy Harris was one of those people.

Nancy came to the Smith Law Center after sustaining a life-altering brain injury. Before her accident, she was active, sharp, and deeply engaged in her community: restoring furniture, involved in her church, always moving toward the life she had worked to build. In her own words, all of that came to a halt.

Watch her share what it meant to have Stephen Smith in her corner.

​What Types of Injuries Can Result from a Rear-End Accident?

Rear-end crash consequences can vary. Injuries can include:

• Whiplash and other neck injuries;
• Back injuries, like herniated discs;
• Spinal cord injuries, nerve damage, and paralysis;
• Concussions or more serious traumatic brain injuries (TBIs);
• Broken bones, including skull fractures;
• Facial injuries and scarring;
• Crushed limbs and amputations; and
• PTSD and other mental health conditions.

Many people underestimate the risk of a head or brain injury in a rear-end accident until it happens to them or a family member. When you’re dealing with a TBI, you want the best lawyer on your side. Stephen M. Smith has over 47 years of experience and is internationally recognized for his work with TBIs.

​What Should I Do After a Rear-End Accident?

The days after a rear-end accident are critical. Focus on recovery, but do three things to protect your compensation rights.

Take Tons of Photos — and Keep Taking Them

Start documenting immediately, and don't stop. Photograph your vehicle from every angle, inside and out. Do the same for your injuries: bruising, swelling, cuts, and any visible marks, no matter how small. 

Injuries often look worse in the days following a crash, and that visible progression is evidence. Take new photos every day until you've fully recovered. When it comes to documentation, more is always better.

Start an Injury Journal

Insurance companies and defense attorneys will look for any reason to minimize your injuries. A detailed daily journal makes that much harder. Write down everything you're experiencing since the accident: pain levels, sleep, emotional state, what you couldn't do that day, every medical visit, and every conversation with a doctor.

Here's an example of what a few entries might look like:

Day 1: The accident happened this morning. Left with a stiff neck and a headache I can't shake. My left shoulder is sore, but I'm not sure how bad yet.

Day 2: Woke up, and the pain in my neck and back was worse than yesterday. Saw Dr. Patel this afternoon. She's concerned about a possible concussion and wants me to avoid screens. My shoulder has visible bruising now that wasn't there last night. Called into work — there's no way I could sit at a desk today.

Day 3: Headache is still there. Barely slept. Had a nightmare about the crash — woke up at 3am and couldn't fall back asleep. Picked up my prescription, but had to ask my neighbor to drive me. I still don't feel safe behind the wheel.

Contact a Lawyer Before You Speak to the At-Fault Driver's Insurance

Within hours of the crash, sometimes the very next day, you'll likely get a call from the at-fault driver's insurance company. The representative will have a warm, unhurried voice. The company name will probably be one you recognize from TV. They'll open by asking how you're feeling today.

If you say something like "I'm feeling a little better, thanks, still sore but managing," you've just given them something to work with. Adjusters are trained professionals, and that conversation is not a courtesy call. Here's what's actually happening:

• They're building a record. Every call is logged. Every response you give becomes part of the file used to evaluate your claim.
• They're listening for inconsistencies. If your symptoms change or you describe your pain differently from one call to the next, that becomes a point of dispute.
• The friendly check-ins are deliberate. Repeated contact is intended to lower your guard and elicit statements you might not otherwise make.
• A casual response can become a formal argument. "I'm feeling a little better" sounds harmless. To an adjuster, it's potential evidence that your accident injuries weren't as serious as claimed.

You are not required to answer their questions or provide a statement. If they contact you, let them know you're speaking with an attorney first.

Reaching out to a Virginia personal injury lawyer at Smith Law Center costs you nothing. We don't get paid unless we win your case. What you get from the start is someone who knows exactly what that insurance adjuster call is really about and how to make sure it doesn't work against you. Contact us at (757) 244-7000 today.

Who Is at Fault After a Rear-End Car Accident?

The liable party in a rear-end accident is the driver who violated a traffic law or failed to act carefully. Every driver must follow the law and act responsibly.

When someone doesn’t do that and causes a crash, they are negligent.​

Sometimes fault in a rear-end crash is obvious. Other times, it’s complicated. It’s a good idea to have an experienced car accident lawyer investigate the collision and uncover what happened. You’ll need proof to win a settlement or court award.

A lawyer will also identify who is liable for compensating you. The party responsible for your injuries might not be the at-fault driver. The most common example is when the careless driver was working at the time. Depending on the circumstances, you’d likely demand compensation from their employer.

"People hire us because they know insurance companies have lawyers protecting their interests. You need someone just as committed to protecting yours. That's what we do."

— Stephen M. Smith, Founder, Smith Law Center

Safe Driving Tips to Help Prevent Rear-End Accidents

You can’t fully prevent rear-end accidents, but you can take steps to reduce their risk.

• Leave more space than feels necessary. Traffic moves fast and stops faster. The car ahead of you can brake for any reason at any time: a pedestrian, a light change, or an animal in the road. Give yourself room.
• Make sure your brake lights and turn signals are working. The driver behind you is relying on them. A burned-out light means they have no warning that you are slowing down or turning.
• Signal before you brake. Most drivers brake and signal at the same time. Signaling first gives the driver behind you a moment to prepare before you slow down.
• Stay off your phone. A rear-end crash can happen in the second it takes to read a text. No message is worth that.
• At a green light, wait for the car ahead to actually move. One of the most common causes of rear-end crashes is a driver accelerating before the vehicle ahead of them has. A one-second pause can prevent a serious collision.

Rear-end accidents are one of the most common crashes on Virginia roads, and they happen to careful, experienced drivers every day. Share these tips with the newer drivers in your life. The more people who take them seriously, the safer our roads become for everyone.

What Damages Are Available In a Rear-End Accident Lawsuit?

If someone’s carelessness caused your injuries, you can claim compensation. Financial recovery helps pay your bills and provides support.

Your compensation may cover past and future costs associated with:

• Medical expenses,
• Lost wages,
• Property damage,
• Emotional distress,
• Physical pain and suffering,
• Disfigurement, and
• Physical limitations.

How much you can recover through a settlement or court award depends on many factors, including the severity of your injuries and whether you were partly responsible for the crash. It helps to talk with an experienced attorney about what to expect.

What Our Results Look Like

Accident victims who hire an attorney recover nearly three times more compensation than those who handle claims on their own, according to research by Martindale-Nolo. Over more than seven decades, the Smith Law Center has seen firsthand why that gap exists.

Our car accident results include:

• $2 million award for a woman who suffered a head injury in a collision
• $1.75 million jury verdict for a hair stylist who suffered an arm injury in a car crash

These outcomes are not guaranteed, but they reflect what is possible when an experienced legal team builds a case the right way from the start.