Rear-End Collisions in Virginia: The Dangers of Tailgating and What to Do If You're Hit

Originally published on April 11, 2023 | Updated by Robert Byrne on January 2, 2026

Imagine you’re stopped for slowing traffic on I-95 in Richmond when suddenly—CRASH. A distracted driver slams into the back of your car. Your neck snaps forward. Your car is totaled. And now you’re dealing with whiplash, medical bills, and an insurance company that won’t return your calls.

Rear-end collisions are the most common type of crash on Virginia roads—and they’re almost always preventable. Yet they continue to cause devastating injuries every single day, from traumatic brain injuries to herniated discs that change lives forever.

So why do these crashes keep happening? And what can you do if you’ve been hit from behind?

Let’s break it down.

What Causes Rear-End Collisions?

Here’s the truth: Most rear-end crashes come down to one thing: following too closely.

When drivers tailgate, they eliminate the reaction time they need to brake safely. Add in distractions like texting or eating behind the wheel, and you’ve got a recipe for disaster.

The Tailgating Problem

Tailgating—driving too close to the vehicle ahead—is reckless and dangerous. According to the National Highway Traffic Safety Administration (NHTSA), rear-end collisions account for approximately 29% of all crashes nationwide, resulting in nearly 2,000 deaths and 500,000 injuries annually.

In Virginia, rear-end crashes happen constantly on I-64, I-81, I-95, Route 29, Route 15, and other busy corridors. Why? Because drivers:

Underestimate stopping distances at highway speeds
Get distracted by phones, food, or passengers
Drive aggressively and ignore safe following distances
Fail to adjust for rain, fog, or heavy traffic

Here’s what you need to know: If someone hits you from behind, they’re almost always at fault. Virginia law requires drivers to maintain control of their vehicles and leave enough space to stop safely.

For a legal consultation with a personal injury lawyer, call (434) 817-3100

How Much Space Should Drivers Leave?

The general rule? One second of following distance for every 10 mph.

Here’s how to measure it: Pick a fixed object ahead—a sign, bridge, or tree. When the car in front passes it, start counting. If you reach that object before counting off enough seconds, you’re too close.

Driving 60 mph? You need at least 6 seconds of following distance.

That might sound like a lot, but consider this: At 60 mph, you’re traveling 88 feet per second. If the driver ahead slams on their brakes, you’ll need every inch of that space to stop without crashing.

In bad weather—rain, fog, or ice—you need even more distance.

Why Truck Tailgating Is Even More Dangerous

If a passenger car rear-ends you, it’s bad. If a fully loaded tractor-trailer rear-ends you, it’s catastrophic.

Commercial trucks can weigh 80,000 pounds—40 times heavier than a typical car. When that much weight crashes into you at highway speed, the results are often life-changing:

Traumatic brain injuries (TBI)
Spinal cord injuries and paralysis
Multiple fractures and orthopedic damage
Wrongful death

The 12-15 Second Rule for Truck Drivers

Professional truck drivers are trained to follow the 12-15 second scanning rule. This means they should constantly scan the road 12-15 seconds ahead to spot hazards early—brake lights, stopped traffic, debris, or pedestrians.

Why? Because loaded trucks can’t stop quickly.

A fully loaded semi traveling at 65 mph needs roughly 525 feet (nearly two football fields) to come to a complete stop under ideal conditions. That’s why truck drivers who tailgate are violating federal safety regulations and putting everyone at risk.

As Virginia’s only Board Certified Truck Accident Attorney, I’ve seen firsthand what happens when truckers ignore these rules. In one case, we secured a $4 million settlement for a client who suffered a traumatic brain injury after a truck driver failed to maintain proper following distance on I-81.

The Real Consequences of Rear-End Collisions

Rear-end crashes are easy to prevent—yet they cause devastating injuries every day.

Even “minor” rear-end collisions can lead to:

Common Injuries from Rear-End Crashes:

Whiplash and neck injuries: Soft tissue damage that can cause chronic pain for months or years
Traumatic brain injuries (TBI): Even without hitting your head, the violent motion can cause concussions or worse
Herniated discs: Back and spine injuries that may require surgery
Broken bones: Wrists, arms, ribs, and facial fractures from airbag deployment or impact
Nerve damage: Pinched nerves that cause numbness, tingling, or loss of function

Here’s what makes these injuries so serious: Many symptoms don’t appear immediately. You might walk away from the crash feeling “fine,” only to wake up the next day unable to move your neck. Or you might develop persistent headaches weeks later—a sign of a traumatic brain injury.

That’s why seeing a doctor immediately after any rear-end collision is critical, even if you feel okay. Insurance companies will use any delay in treatment against you.

What to Do After a Rear-End Collision in Virginia

If you’ve been rear-ended, here’s what you need to do right now:

1. Call 911 and Get Medical Attention

Even if you feel fine, get checked out. Document everything.

2. Take Photos and Gather Evidence

Photograph:

Damage to all vehicles
Skid marks or debris
The intersection or road conditions
Your visible injuries

Get contact information from witnesses.

3. Don’t Apologize or Admit Fault

Be polite, but don’t say “I’m sorry” or “It was my fault.” Let the police report speak for itself.

4. Preserve Evidence Immediately

If a commercial truck hit you, that vehicle has a black box (electronic data recorder) that captures critical evidence—speed, braking, following distance, and more. But trucking companies can delete this data within 30 days. Act quickly, as the first 48 hours after a truck crash are critical to preserve evidence.

You need a lawyer who knows how to preserve this evidence before it disappears.

5. Don’t Talk to Insurance Companies Alone

The at-fault driver’s insurance company will call you. They’ll sound friendly. They’ll offer a quick settlement.

Don’t take it. Insurance adjusters are trained to minimize payouts. They’ll use anything you say against you—even innocent statements like “I’m feeling better” can be twisted to devalue your claim.

Why Rear-End Collisions Are Almost Always the Rear Driver’s Fault

Virginia law is clear: Drivers have a duty to maintain control of their vehicles and follow at a safe distance, pursuant to Va. Code § 46.2-816.

If someone hits you from behind, they violated that duty. Period.

Insurance companies might try to argue you “stopped suddenly” or “brake-checked” them, but these defenses rarely hold up unless there’s dashcam footage proving otherwise.

The bottom line? If you’re the front vehicle and you get rear-ended, the other driver is almost certainly liable for your injuries and damages.

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We Fight for Rear-End Collision Victims Across Virginia

At MartinWren, P.C., we’ve handled hundreds of rear-end collision cases—from “fender benders” that caused hidden injuries to catastrophic truck crashes that changed families forever.

Here’s what we do differently:

✓ We preserve critical evidence immediately—including truck black box data that disappears fast
✓ We work with medical experts to document every injury, even those that take weeks to appear
✓ We fight for full compensation—medical bills, lost wages, pain and suffering, and future care costs
✓ We handle truck accident cases at the highest level—I’m Virginia’s only Board Certified Truck Accident Attorney through the National Board of Trial Advocacy

If you’ve been rear-ended and you’re dealing with injuries, medical bills, or an insurance company that won’t cooperate, call us today for a free consultation: (888) 414-4674.

We’ll review your case, explain your rights, and fight to get you every dollar you deserve.

Frequently Asked Questions About Rear-End Collisions

Q: What if I was partially at fault for the rear-end collision?
A: Virginia follows a “contributory negligence” rule, which is harsh. If you’re even 1% at fault, the defense will argue that you cannot recover damages. But we know the law and the exceptions, and we can fight this harsh rule. That’s why it’s critical to have an experienced attorney who can prove the other driver was entirely responsible.

Q: How long do I have to file a claim in Virginia?
A: Generally, you have two years from the date of the crash to file a personal injury lawsuit. This is based on Virginia Code § 8.01-243. Shorter notice periods may also apply. But don’t wait—evidence disappears, memories fade, and insurance companies get harder to deal with over time.

Q: What if the other driver doesn’t have insurance?
A: You may still have options through your own uninsured/underinsured motorist (UM/UIM) coverage. Or, other parties may be liable, especially in truck crash cases. We can help you navigate this process.

Q: Will I have to go to court?
A: Most cases settle before trial. But we’re always prepared to take your case to a jury if that’s what it takes to get you fair compensation.

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