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Rear-end collisions can cause severe injuries, from whiplash and concussions to spinal cord damage and traumatic brain injuries. But you may be able to recover compensation for these injuries if the accident was caused by the other driver’s negligence. Virginia law allows you to pursue damages for medical expenses, lost income, pain and suffering, and more, but only if you act quickly and build a strong case.
At GibsonSingleton Virginia Injury Attorneys, Gloucester County car accident lawyers Ken Gibson and John Singleton have helped rear-end collision victims throughout the Middle Peninsula recover the compensation they deserve. As former U.S. Marines, they bring a mission-first approach to every case: strategic, prepared, and relentless. Virginia crash data shows that ‘Following Too Close’ is a commonly recorded driver action in rear-end collisions. The 2022 Virginia Traffic Crash Facts report lists 23,359 passenger-vehicle drivers coded as ‘Following Too Close’.
This guide explains what causes rear-end collisions in Virginia, what injuries you might face, who’s at fault under Virginia law, what compensation you can recover, and what steps to take right now to protect your claim. If you’ve been injured, call GibsonSingleton at (804) 413-6777 for a free consultation. We offer a Zero Fee Guarantee. You pay nothing unless we win your case.
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When Insurance Companies Won't Listen, These Lawyers Make Them
I was rear-ended by someone who didn’t see me slowing for traffic in front of her because she had a dog in her car and she was handling her dog instead of watching the road. She was cited and pre-paid her ticket (was undeniably at-fault for the accident). I was slammed so hard my car was slammed into the car in….
Jacki P
Linda Heron
James Roark
Your Recovery Starts with the Right Team
Military precision meets compassionate advocacy, no fees unless we deliver results for you.
Rear-end crashes happen when one vehicle strikes the back of another. These collisions are among the most common types of car accidents in Virginia, and they’re almost always caused by driver negligence. Someone fails to pay attention, follows too closely, or doesn’t brake in time.
The Virginia DMV reports that following too closely is a leading factor in thousands of crashes every year. Many drivers don’t leave enough space between their vehicles and the one ahead. This becomes especially dangerous at high speeds or in heavy traffic. When the front vehicle slows down or stops suddenly, the rear driver doesn’t have time to react.
Common causes of rear-end collisions include distracted driving (texting, eating, adjusting the radio), tailgating, speeding, driving under the influence of alcohol or drugs, fatigued driving, and aggressive driving. Weather conditions like rain, fog, or ice make these behaviors even more dangerous. Brake lights that aren’t working can also contribute to rear-end crashes, though this is less common.
Virginia drivers should follow the 2-3-4 second rule recommended by the Virginia DMV. This rule helps you maintain a safe following distance based on your speed. If you’re traveling under 35 mph, leave at least two seconds between your vehicle and the one ahead. Between 35 and 45 mph, increase that to three seconds. At speeds between 46 and 70 mph, you should maintain at least a four-second gap.
To measure this, watch when the vehicle ahead passes a fixed object like a sign or tree. Start counting. If you pass the same object before reaching the recommended number of seconds, you’re following too closely. Slow down and create more space. This simple rule could prevent many rear-end accidents.
| Speed Range | Recommended Following Distance | Why It Matters |
|---|---|---|
| Under 35 mph | 2 seconds | Helps prevent rear-end collisions in slower traffic and residential areas. |
| 35–45 mph | 3 seconds | Provides additional reaction time as speed increases. |
| 46–70 mph | 4 seconds | Necessary for highway speeds where stopping distances are much longer. |
Key Takeaway: Virginia law § 46.2-816 prohibits drivers from following more closely than is reasonable and prudent based on speed, traffic, and highway conditions. The two-, three-, and four-second rule is a practical guideline drivers can use to keep a safer gap.
Many people assume rear-end collisions are minor “fender benders” that cause little harm. That assumption can be dangerously wrong. Even at moderate speeds, the force of impact can cause serious injuries. Our bodies aren’t designed to withstand the sudden acceleration and deceleration that happens when one vehicle strikes another from behind.
Whiplash is the most common rear-end collision injury. When your vehicle is struck from behind, your head snaps forward and then backward rapidly. This damages the muscles, tendons, and ligaments in your neck. Symptoms include neck pain, stiffness, headaches, dizziness, and difficulty moving your head. Some people develop chronic pain that lasts for months or years.
Spinal injuries range from herniated discs to spinal cord damage. The impact can compress your vertebrae, damage the discs between them, or injure the spinal cord itself. These injuries can cause radiating pain, numbness, weakness, and in severe cases, paralysis. Concussions and traumatic brain injuries occur when your head strikes the headrest, steering wheel, or dashboard. Even without visible trauma, the sudden movement can cause your brain to collide with the inside of your skull.
Other common injuries include broken bones (ribs, collarbones, arms, wrists), facial injuries from airbag deployment, shoulder injuries from seatbelt force, internal organ damage, and psychological trauma like post-traumatic stress disorder.
Some rear-end collision victims never fully recover. Chronic pain, limited mobility, cognitive difficulties, and permanent disabilities can affect every aspect of your life. You may need ongoing medical treatment, physical therapy, occupational therapy, or assistive devices. You might have to change careers, modify your home for accessibility, or rely on others for daily activities.
Some people discover, after getting evaluated, that their injuries are more serious than they initially appeared. Do not assume you are fine just because you do not feel pain immediately after the crash. Some injuries do not show symptoms for hours or days. Seeing a doctor right away is essential for your health and your legal claim.
Ken Gibson and John Singleton have represented clients throughout the Middle Peninsula who suffered catastrophic injuries in rear-end collisions. They understand both the immediate trauma and the long-term challenges you face.
Key Takeaway: Rear-end collisions frequently cause serious injuries including whiplash, herniated discs, concussions, and fractures. Even seemingly minor crashes can result in chronic pain and permanent disabilities that affect your entire life.
They Made a Stressful Situation Feel Manageable
Lisa Ward
Quevon Kinlow
I had the pleasure of working with Ken Gibson and his staff after a car accident, and I couldn’t be more pleased. From the very first consultation, they made me feel confident and well-represented. The entire process was smooth, and they kept me updated every step of the way…
Shelley Kinser
Your Recovery Starts with the Right Team
Military precision meets compassionate advocacy, no fees unless we deliver results for you.
In many rear-end collisions, the rear driver is found at fault because Virginia law requires drivers not to follow more closely than is reasonable and prudent given speed, traffic, and road conditions. The reasoning is straightforward: every driver has a duty to maintain a safe following distance and to control their vehicle. If you rear-end the vehicle in front of you, it usually means you were either following too closely, not paying attention, or driving too fast for conditions.
This presumption applies in most cases. The rear driver is responsible when they were distracted, tailgating, speeding, failed to brake in time, or misjudged the stopping distance. Courts recognize that the driver behind should be watching the road and adjusting their speed based on traffic conditions.
However, Virginia law does recognize some exceptions. The front driver can share fault or be entirely responsible if they suddenly reversed into traffic, stopped abruptly for no legitimate reason, had non-functioning brake lights, or engaged in reckless behavior that created the danger. These situations are less common, but they do happen.
Virginia follows the doctrine of contributory negligence. If you are found negligent and your negligence was a proximate cause of the accident, you can be barred from recovering damages, even if the other driver was also negligent.
This harsh rule makes having strong legal representation critical. Insurance companies will look for any way to blame you for the accident, even partially. They might claim you braked too hard, weren’t paying attention, or should have avoided the collision. Even a small finding of fault eliminates your right to compensation.
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Virginia law allows rear-end collision victims to recover both economic damages (financial losses) and non-economic damages (intangible harm). The total value of your case depends on the severity of your injuries, the impact on your life, how much insurance coverage is available, and the strength of your evidence.
Economic damages compensate you for measurable financial losses caused by the accident. This covers emergency room treatment, hospital stays, surgery, doctor visits, physical therapy, prescription medications, medical equipment, and any ongoing care you’ll need. You can also recover lost wages if your injuries prevented you from working. This includes both the income you’ve already lost and future earning capacity if you can’t return to your previous job or work at all.
Property damage to your vehicle is another economic loss. You’re entitled to the cost of repairs or, if your car was totaled, its fair market value. You can also claim out-of-pocket expenses like transportation costs to medical appointments, hiring help for household tasks you can’t perform, and modifying your home if you have permanent disabilities.
Non-economic damages compensate you for losses that don’t have a clear dollar amount but are just as real. Physical pain and suffering is the most common. This includes the pain you experienced immediately after the crash, ongoing discomfort during recovery, and any chronic pain you’ll live with permanently.
Emotional distress accounts for anxiety, depression, fear, and psychological trauma caused by the accident. Rear-end collision victims can develop PTSD, especially if the crash was severe. Loss of enjoyment of life compensates you when injuries prevent you from activities you once loved: sports, hobbies, travel, or simply playing with your children. Disfigurement and scarring also fall under non-economic damages, as do physical limitations that affect your daily life.
Virginia law does allow punitive damages in rare cases involving extremely reckless behavior, but these are difficult to obtain and capped at $350,000.
Key Takeaway: Full compensation includes both past and future costs for medical care, lost income, property damage, pain and suffering, and loss of quality of life. An experienced attorney can help you document all your losses and fight for maximum recovery.
Support You Can Count On After an Accident
Ken Gibson and John Singleton are first class attorneys. They are professional, dependable, family oriented, and down to earth people. They will work with you to make sure you get quality representation at a fair price. I have had representation from each of them, both with winning outcomes…
Taffi Simone
On April 14, 2021, I was in a vehicle accident, my leg was broken. I was taken to the hospital for surgery, now I have four screws and wire in my leg. I didn’t know anything about lawyers. I was at dinner one night; my leg was in a brace the owner asked me what happened. I told him and he recommended GibsonSingleton….
Bo Dixon
Barbara Deaver
Your Recovery Starts with the Right Team
Military precision meets compassionate advocacy, no fees unless we deliver results for you.
Taking the right steps immediately after a rear-end collision can protect your health and strengthen your legal claim. The first 24 to 48 hours matter most. Here’s what you should do:
Key Takeaway: The first 24-48 hours after a rear-end collision are critical. Call 911, document everything, get immediate medical care, and contact an attorney before talking to insurance companies. These steps protect both your health and your legal rights.
Ken Gibson is a founding partner of GibsonSingleton Virginia Injury Attorneys and a former U.S. Marine. He has dedicated his career to representing injured people throughout Gloucester County and the Middle Peninsula. Ken serves on the Gloucester County Board of Supervisors, representing the Petsworth District, bringing his commitment to community service into his legal practice and local government.
Ken is a member of the Virginia Trial Lawyers Association and the American Association of Justice, organizations that advocate for injury victims’ rights. Ken’s approach combines strategic thinking with tenacity. He understands that every rear-end collision case requires both careful preparation and aggressive advocacy to achieve full compensation for clients.
John Singleton is a founding partner of GibsonSingleton Virginia Injury Attorneys and a former U.S. Marine who served in China and Beirut, Lebanon. He graduated from Colby College in Waterville, Maine, and earned his law degree from Mercer University Law School in Macon, Georgia. Before representing injury victims, John worked for a large insurance defense firm, giving him insider knowledge of how insurance companies evaluate and defend rear-end collision claims.
John currently serves as a part-time Special Justice for the Ninth Judicial Circuit, where he hears adult mental health commitment matters. He is active in the Middle Peninsula Bar Association, The Fairfield Foundation, Ware River Yacht Club, Gloucester-Mathews Care Clinic, and the Gloucester Point Rotary Club. John’s unique combination of courtroom experience, insurance industry knowledge, and commitment to his community makes him an effective advocate for rear-end accident victims who need someone who understands both sides of the legal battle.
Prepared for Every Step, Treated Like Family
This is a great Law Firm to work with. They helped me through every aspect and prepared me for every step of the case. I feel as if I have gained a group of new friends. Attorneys Gibson and Singleton both are true professionals. Their assistants are great and very professional also. Thank All of You for Everything…
Patrick Howard
Choosing GibsonSingleton was one of the best decisions I made. In 2023, I was involved in a frightening car accident that left me injured and unsure of my next steps. After seeking help from a personal injury expert, I found GibsonSingleton, and I’m so grateful I did…
Sherrie
I recommend to anyone who needs an injury attorney to use Gibson and Singleton. John did an excellent job helping me get a fair settlement. I could not have navigated through everything myself. John and everyone in the office are always friendly and professional…
C Holt
Your Recovery Starts with the Right Team
Military precision meets compassionate advocacy, no fees unless we deliver results for you.
Virginia Code § 8.01-243 gives you two years from the date of the accident to file a personal injury lawsuit. This is called the statute of limitations. If you do not file within this deadline, you lose your right to sue. The court will dismiss your case no matter how strong your evidence or how serious your injuries.
Two years might sound like plenty of time, but it is important to be proactive with your claim. Evidence disappears, witnesses move away or forget details, and insurance companies become less willing to negotiate fair settlements as time passes. Medical records get harder to obtain, accident scene conditions change, and your attorney needs time to build a thorough case.
There are limited exceptions to the two-year rule. If the victim was a minor (under 18) when injured, the clock doesn’t start until they turn 18. If someone is mentally incapacitated at the time of the accident, the statute of limitations may be tolled until they regain capacity. These exceptions are narrow and require careful legal analysis.
It’s important to understand the difference between filing an insurance claim and filing a lawsuit. You can, and should, file an insurance claim immediately after the accident. The two-year statute of limitations applies only to court lawsuits. However, if the insurance company won’t offer fair compensation, you need time to prepare and file that lawsuit before the deadline.
Don’t wait until the deadline approaches to contact an attorney. Ken Gibson and John Singleton can evaluate your case, determine your exact deadline, and start building evidence right away. The sooner you call, the stronger your case will be.
Key Takeaway: You have two years to file a rear-end accident lawsuit in Virginia, but waiting can reduce your case value. Evidence preservation and thorough case preparation take time. Contact an attorney immediately to protect your rights.
They Made a Stressful Situation Feel Manageable
I had the pleasure of working with Ken Gibson and his staff after a car accident, and I couldn’t be more pleased. From the very first consultation, they made me feel confident and well-represented. The entire process was smooth, and they kept me updated every step of the way…
Shelley Kinser
Lisa Ward
Quevon Kinlow
Your Recovery Starts with the Right Team
Military precision meets compassionate advocacy, no fees unless we deliver results for you.
Insurance companies are for-profit businesses. Their goal is to pay as little as possible on every claim. This directly conflicts with your goal of receiving full compensation for your injuries. Understanding common insurance tactics helps you avoid costly mistakes.
Adjusters often contact accident victims within hours or days of the crash. They may seem friendly and helpful and offer a quick settlement to “take care of everything.” These early offers are almost always far below what your claim is actually worth. They are made before you know the full extent of your injuries or how much treatment you will need.
Another common tactic is asking for a recorded statement. Adjusters phrase this as routine or required. However, they are looking for any statement that contradicts the police report, suggests you are partly at fault, or minimizes your injuries. Even innocent statements can be twisted to deny your claim.
Delaying is also a strategy. Adjusters may take weeks to return calls, request the same documents multiple times, or drag out investigations hoping you’ll give up or accept less. Some insurance companies can downplay your injuries, suggesting you’re exaggerating the extent of your injuries. Others will pressure you to settle before you’ve finished medical treatment, claiming this is your “only chance” at compensation.
If the at-fault driver has insufficient insurance, you may need to file a claim under your own uninsured/underinsured motorist coverage. This adds another layer of complexity because now you’re also dealing with your own insurance company.
Our attorneys understand how insurance companies evaluate rear-end collision claims, what they look for to deny or reduce payouts, and how to counter their tactics effectively. When insurance adjusters realize they’re dealing with attorneys who understand their strategies from the inside, they take your claim more seriously.
Ken Gibson and John Singleton are deeply rooted in the Gloucester County community. Both former U.S. Marines chose to build their law practice here because they’re committed to serving their neighbors. Ken served on the Gloucester County Board of Supervisors representing the Petsworth District and is a former president of the Gloucester Point Rotary Club. John is active in the Middle Peninsula Bar Association and serves as a part-time Special Justice for the Ninth Judicial Circuit.
GibsonSingleton represents rear-end collision victims throughout the Middle Peninsula and Hampton Roads region. We handle cases in:
Our office is located right on Route 17 at 4073 George Washington Memorial Highway in Hayes. We’re familiar with every dangerous intersection, high-crash corridor, and traffic pattern in the area. We’ve represented clients injured on the Coleman Bridge, along the York River crossings, and throughout the Chesapeake Bay region. If you were hurt in a rear-end collision anywhere in Eastern Virginia, we can help.
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If you’ve been rear-ended on Route 17, the Coleman Bridge, or anywhere in Gloucester County, you’re dealing with medical bills, lost wages, pain, and uncertainty about your rights. Insurance companies are already working to minimize what they owe you. You need experienced legal representation to level the playing field.
Ken Gibson and John Singleton of GibsonSingleton Virginia Injury Attorneys bring more than legal knowledge to your case. They bring a mission-first approach learned as former U.S. Marines. They’ve helped rear-end collision victims throughout the Middle Peninsula recover compensation for medical expenses, lost income, pain and suffering, and permanent injuries. Our car accident attorneys handle every detail of your case so you can focus on healing.
Call (804) 413-6777 for a free consultation. We operate on a Zero Fee Guarantee. You pay nothing unless we recover compensation for you. Our office is located at 4073 George Washington Memorial Highway in Hayes, and we serve clients throughout Gloucester County, the Middle Peninsula, and Eastern Virginia. Don’t wait. Virginia’s two-year deadline and the need to preserve evidence mean acting now protects your rights. Let GibsonSingleton Virginia Injury Attorneys handle the legal battle while you recover.
You have two years from the date of the accident to file a personal injury lawsuit in Virginia. This deadline is strict. If you miss it, you lose your right to sue forever. However, you should contact an attorney much sooner. Evidence disappears, witnesses forget details, and building a strong case takes time. Call GibsonSingleton at (804) 413-6777 as soon as possible after your rear-end collision.
Not always, but usually. Virginia law presumes the rear driver is at fault because every driver has a duty to maintain a safe following distance and control their vehicle. However, exceptions exist. The front driver may share fault if they reversed into traffic, stopped suddenly without reason, had broken brake lights, or acted recklessly. Each case requires careful investigation of what actually happened.
This is a critical question in Virginia. The state follows a pure contributory negligence rule under Virginia Code § 8.01-34. If you were even 1% at fault, you cannot recover any compensation. Insurance companies know this and will look for any way to blame you partially. This makes having an experienced attorney essential to defend against unfair fault allegations and protect your right to compensation.
The value depends on many factors: severity of your injuries, amount of medical treatment needed, impact on your ability to work, permanent disabilities or disfigurement, how the accident affects your daily life, available insurance coverage, and strength of evidence. Cases range from a few thousand dollars for minor injuries to hundreds of thousands for serious trauma. Ken Gibson and John Singleton can evaluate your specific situation during a free consultation.
Call 911, exchange information with the other driver, document the scene with photos, get witness contact information, and seek medical care right away even if you feel fine. Don’t apologize or discuss fault at the scene. Contact GibsonSingleton at (804) 413-6777 before giving any statements to insurance companies. The steps you take in the first 24-48 hours can significantly affect the outcome of your case.
The at-fault driver’s insurance company should pay for your injuries, but they may try to minimize what they owe. Don’t expect fair treatment without legal representation. Insurance adjusters will use tactics like early lowball offers, delay, downplaying injuries, and looking for ways to blame you. John Singleton’s experience working for insurance defense firms helps GibsonSingleton clients counter these tactics effectively.
Most rear-end collision cases settle within several months to a year, but complex cases involving serious injuries can take longer. You shouldn’t settle until you’ve completed medical treatment and know the full extent of your injuries and future needs. Settling too early means leaving money on the table. Your attorney will advise you on the right time to negotiate based on your medical prognosis and the strength of your evidence.
As of July 1, 2024, Virginia requires registered vehicles to maintain a liability insurance policy that meets the state’s minimum limits (the prior option to pay a fee instead of carrying insurance was eliminated). Even so, some drivers are still uninsured or flee the scene. If the at-fault driver is uninsured (or can’t be identified in a hit-and-run), you may be able to pursue compensation through uninsured/underinsured motorist (UM/UIM) coverage under your own policy. In Virginia, UM coverage is included in auto liability policies by law, and coverage details can depend on your policy and any written elections.
This makes your case more difficult but not impossible. Insurance companies will argue you weren’t really injured if you delayed treatment. However, many rear-end collision injuries don’t show symptoms immediately. Soft tissue injuries, whiplash, and concussions can take hours or days to manifest. See a doctor as soon as you realize you’re hurt, and explain why you delayed. Your attorney can help overcome the insurance company’s skepticism with medical expert testimony about delayed-onset injuries.
Strong evidence includes the police report, photos of vehicle damage and the accident scene, medical records and bills, pay stubs or employment records showing lost wages, witness statements, surveillance or dashcam video if available, proof of property damage, and documentation of how injuries affect your daily life. Your attorney will gather and organize this evidence to build the strongest possible case. The sooner you contact GibsonSingleton, the better we can preserve critical evidence.
If the accident was not caused wholly or partially by you (or another covered operator on your policy), Virginia law generally prohibits insurers from increasing your premium or charging points under a safe-driver plan solely because of that accident. However, if you file a claim under your own collision or uninsured motorist coverage, your rates might increase at renewal time. Every insurance company has different policies. This is one more reason to pursue compensation from the at-fault driver’s insurance whenever possible.
