At the Scene: Document Everything

Your first priority is safety. Move vehicles to a safe location if possible. Turn on hazard lights. If you're injured, call 911. Even if you feel fine, call the police non-emergency line for a report number.

Take photos from multiple angles. Get the other vehicle's license plate, VIN, and make/model. Photograph the damage to both vehicles. Photograph the scene, road conditions, and traffic signals. Photograph the other driver's insurance card.

Get the other driver's name, phone number, address, and driver's license number. Get the names and phone numbers of any witnesses. Do not discuss fault or injuries with the other driver. Do not sign anything except the police report.

Do not give a recorded statement to any insurance company—not your own, not theirs. Insurance adjusters record your statements and use them against you. Anything you say can and will be used to minimize your claim. Wait to give a statement until after we've reviewed the case.

See a Doctor Soon, Even if You Feel Fine

Adrenaline masks injury. People who hit their heads, strained their necks, or injured their backs often feel fine at the scene. By the next day, they're in serious pain. By the next week, they realize they have lasting injury.

See a doctor within 24 to 48 hours of the collision. Tell the doctor you were in a car accident and describe all pain, numbness, tingling, dizziness, or any other symptoms. Be thorough. The medical records are evidence of your injury.

Common rear-end collision injuries include:

  • Whiplash: Neck strain from the sudden forward and backward motion. Symptoms appear hours or days later.
  • Soft tissue injury: Damage to muscles, tendons, and ligaments in the neck, back, shoulders.
  • Herniated disc: The impact can push the soft tissue between vertebrae out of alignment, causing pain and numbness.
  • Concussion: Even without hitting your head, the force of the collision can cause brain injury.
  • Psychological injury: PTSD, anxiety, and depression after a collision are real injuries that deserve compensation.

Keep all medical records. Every visit, every imaging study, every prescription is evidence of your injury and its impact on your life.

How Fault Works in California Rear-End Cases

California law presumes that the driver who hits you from behind is at fault. They had a duty to maintain safe distance and control of their vehicle. If they hit you, they violated that duty.

The other driver can argue you stopped suddenly without warning. They can argue you had brake lights out. These are rare defenses. Courts understand that rear-end collisions are almost always the rear driver's fault.

In a rear-end collision, liability is usually straightforward. The other driver hit you. They're liable. End of story.

Dealing with Insurance: What to Know

The at-fault driver's insurance company has one job: minimize what they pay you. They will:

  • Pressure you to settle quickly, before you know the full extent of your injuries.
  • Dispute that you were injured, especially if you didn't go to the hospital immediately.
  • Argue your injuries are pre-existing, even if you had no symptoms before the collision.
  • Offer a settlement that covers medical bills but ignores pain, suffering, lost wages, and future care.
  • Use low medical bills or few medical visits to argue you weren't really hurt.

Do not accept an early settlement offer. Do not negotiate directly with the insurance company. Once you settle, you can't go back and ask for more, even if your injury gets worse.

Let us handle the insurance company. We know their playbook. We know how to value your case. We present the evidence that proves your injury and its impact on your life.

Statute of Limitations: Your Legal Deadline

In California, you have two years from the date of the collision to file a personal injury lawsuit. Two years sounds like a long time. It isn't.

The clock is ticking from day one. Evidence fades. Witnesses move or forget details. Medical records get lost. The sooner you contact a lawyer, the sooner we can preserve evidence, interview witnesses, and build your case.

Do not wait. Call us now.

When to Call a Lawyer

Call us immediately after a rear-end collision if:

  • You have any pain, numbness, tingling, or dizziness.
  • The medical bills exceed $5,000.
  • Your injury will require ongoing care.
  • Your injury affects your ability to work.
  • The insurance company denies your claim or offers too little.
  • The other driver is uninsured or underinsured.
  • There's any dispute about who was at fault.

Call even if you're not sure you have a case. The consultation is free. We'll review the facts and tell you what your case is worth.

What We Do for You

We handle every detail. We get the police report. We photograph the scene. We interview witnesses. We retain accident reconstructionists and medical experts. We negotiate with insurance companies. If they won't pay fairly, we take the case to trial.

You pay nothing unless we win. Our fee is 20% of what we recover. That's less than most attorneys charge. More importantly, it aligns our interests with yours: we only get paid when you get paid, and we want you to get as much as possible.

A rear-end collision is not your fault. You should not have to bear the financial or physical burden of someone else's negligence. Let us help.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Contacting The Justice Brothers does not create an attorney-client relationship.