Rear-End Collision in Phoenix: Your Rights and Next Steps

After a rear-end collision, check yourself and your passengers for injuries. Whiplash, concussions, and back injuries are extremely common in rear-end impacts but symptoms often do not appear immediately. Call 911 if anyone is injured. Under A.R.S. 28-663, all drivers involved in an accident must stop, remain at the scene, and exchange information. Under A.R.S. 28-667, a police officer must complete a written report if the accident involves bodily injury, death, or property damage exceeding $2,000.

Even if the damage seems minor, call police and get a report. The rear driver's insurance company will look for any reason to argue that the collision was minor and your injuries are exaggerated. A police report creates an official record of the crash — the responding officer will document vehicle positions, damage, road conditions, and statements from both drivers. This report is a critical piece of evidence for your claim.

If you are physically able, move your vehicle out of the travel lanes to prevent secondary collisions. Phoenix freeways and arterials carry heavy traffic — a stopped vehicle on the I-10, I-17, or Loop 101 creates a serious hazard. Turn on your hazard lights and set up reflective triangles or flares if you have them.

Photograph the damage to both vehicles from multiple angles. Focus on the rear of your vehicle and the front of the other vehicle — this shows the point of impact. Also photograph skid marks (their length can indicate the other driver's speed and braking distance), road conditions, traffic signals, weather conditions, and any visible injuries.

Exchange information with the other driver: name, phone number, insurance company, policy number, driver's license number, and license plate. Get contact information from every witness. In a rear-end collision, witnesses who saw the other driver following too closely, looking at a phone, or speeding before impact can be extremely valuable.

Write down everything while it is fresh. The exact time, your speed, the traffic conditions, whether you were stopped or moving, and what you felt on impact. Did you see the other vehicle in your mirror before the collision? Were they on a phone? This detail matters. Your memory will fade, and a written account from the scene is more credible than one recalled weeks later.

Arizona law creates a rebuttable presumption that the rear driver is at fault in a rear-end collision. The legal basis is A.R.S. 28-730, which requires every driver to maintain a following distance that is reasonable and prudent given the speed of traffic and road conditions. If you rear-end someone, the presumption is that you violated this duty. The burden shifts to the rear driver to present evidence showing they were not negligent.

This presumption gives the lead driver — the person who was hit from behind — a significant advantage. You do not need to prove that the rear driver was distracted, speeding, or tailgating. The fact that they hit you from behind is, by itself, evidence of negligence. The rear driver must explain why the collision was not their fault.

The rear driver's insurance company knows this presumption exists. In straightforward rear-end cases where the lead driver was stopped at a light or in traffic, fault is rarely disputed. The insurance fight shifts to the value of your injuries — how much your claim is worth, not who caused the crash.

The presumption is rebuttable, meaning the rear driver can overcome it with evidence. Recognized exceptions include brake checking (the lead driver intentionally slammed their brakes to intimidate or punish the following driver), sudden stops without a valid reason on a roadway where stopping is unexpected, non-functioning brake lights that gave the rear driver no warning of deceleration, cutting off (an unsafe lane change that placed the lead vehicle directly in front of the rear vehicle without sufficient distance), and reversing into the rear vehicle.

If the lead driver was partially negligent, Arizona's pure comparative negligence system (A.R.S. 12-2505) applies. Both drivers' fault is weighed by the jury. For example, if the lead driver's brake lights were out and the rear driver was following too closely, both share fault. The lead driver's recovery would be reduced by their percentage of fault but not eliminated.

Dashcam footage is the single best piece of evidence for establishing or rebutting the rear-end presumption. If you have a dashcam, save the footage immediately and make backup copies. If you do not have a dashcam, check nearby businesses for surveillance cameras and note whether the other driver's vehicle had a dashcam visible.

Whiplash is the signature injury of rear-end collisions. The sudden force snaps your head forward and then backward, straining the muscles, ligaments, and tendons in your neck. Approximately 80% of whiplash cases result from rear-end impacts. Roughly 43% of whiplash victims experience symptoms lasting more than a year, and about 30% of whiplash injuries occur at speeds below 10 mph — meaning even a low-speed fender bender can cause real damage.

Beyond whiplash, rear-end collisions commonly cause concussions and traumatic brain injuries (occurring in approximately 20% of rear-end crashes), herniated or bulging discs in the spine, broken bones in the wrists and arms from gripping the steering wheel on impact, rib fractures from the seatbelt, and facial injuries from airbag deployment. These injuries range from weeks of recovery to permanent disability.

The critical point for your claim: many of these injuries have delayed onset. Whiplash symptoms may not appear for 24 to 72 hours. Concussion symptoms can emerge days later. If you wait weeks to see a doctor, the insurance company will argue your injuries are unrelated to the crash. Get a full medical evaluation within 24 hours, even if you feel fine at the scene.

In a clear rear-end collision, the rear driver's liability insurance is responsible for your damages. Arizona requires all drivers to carry minimum liability insurance of $25,000 per person and $50,000 per accident for bodily injury, plus $15,000 for property damage. If the rear driver's policy limits are not enough to cover your damages, your underinsured motorist (UIM) coverage can make up the difference — if you carry it.

The rear driver's insurance adjuster will likely contact you quickly. They may seem friendly, but their goal is to settle your claim for as little as possible. They may ask for a recorded statement. You are not required to give one. They may offer a quick settlement before you know the full extent of your injuries. Do not accept any settlement until you have completed medical treatment and understand your total damages.

If the rear driver was uninsured — approximately 12% of Arizona drivers lack insurance — your uninsured motorist (UM) coverage applies. Arizona insurers must offer UM coverage under A.R.S. 20-259.01. If you never rejected UM coverage in writing, it may be automatically included in your policy. Check your declarations page.

Arizona's statute of limitations for personal injury is 2 years from the date of injury (A.R.S. 12-542). This applies to both the lead driver's claim against the rear driver and any counterclaim the rear driver might file. If you are filing against a government entity — for example, if a government vehicle rear-ended you — you must file a notice of claim within 180 days under A.R.S. 12-821.01.

For minors injured in a rear-end collision, the 2-year clock does not start until the child turns 18 (A.R.S. 12-502). For wrongful death claims, the 2-year period runs from the date of death, which may differ from the date of the crash.

Do not wait. Evidence degrades over time. Dashcam and surveillance footage gets overwritten. Witnesses move away or forget details. Skid marks fade. The sooner you document the crash, get medical treatment, and begin the claims process, the stronger your case will be.

Were you rear-ended in Phoenix? Get your free Injury Claim Check. You will answer a few questions about your accident and injuries, and we will provide a personalized report covering your potential claim — including how Arizona's fault presumption applies, what your injuries may be worth, and whether connecting with a Phoenix personal injury attorney makes sense for your situation.

Someone hit you from behind. Arizona law puts the burden on them to explain why. Start with the Injury Claim Check. It is free, confidential, and takes less time than filling out an insurance form.