By Michael Shemtoub, trial attorney, Beverly Law. Updated November 2026.
Rear-ended in Washington?
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What to do after a rear-end crash in Washington
- Call 911 and get medical care the same day. Whiplash symptoms can be delayed for several days (NINDS).
- Make sure a report exists. If no officer makes a report, a driver in a crash with injury, death or property damage above the State Patrol’s threshold must send a written report within four days (RCW 46.52.030). In Seattle, see how to get a police report in Seattle.
- Photograph both vehicles, your brake lights and the lane before anything is moved.
- Open a PIP claim with your own insurer. Insurers must offer PIP with at least $10,000 in medical and hospital benefits and $10,000 in income continuation at up to $200 a week (RCW 48.22.095).
- Do not give a recorded statement to the other driver’s insurer before you get advice. See what not to tell the insurance company.
- If the driver behind you fled, read our Washington hit-and-run accident lawyer page.
Who is at fault in a Washington rear-end crash
The following-distance rule. “The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway.” Trucks and vehicles towing others, outside business and residence districts, must leave room for an overtaking vehicle to enter. When the vehicle being followed is a vulnerable user of a public way, as state law defines that term, the violator pays an additional fine equal to the base penalty (RCW 46.61.145).
The following driver’s primary duty. In Miller v. Cody, 41 Wn.2d 775, 252 P.2d 303 (1953), the Washington Supreme Court said the primary duty of avoiding a collision rests with the following driver. In the absence of an emergency or unusual conditions, that driver is negligent if he runs into the car ahead. Even an emergency does not necessarily excuse him, because he must keep enough distance and attention to make a safe emergency stop (Miller v. Cody).
Evidence of negligence, and DUI. In Washington, breaking a statute is not negligence per se. The jury may consider it as evidence of negligence. Driving under the influence of alcohol or any drug is the exception: that breach is negligence per se (RCW 5.40.050).
The sudden-stop argument. No one may stop or suddenly slow without first giving an appropriate signal to the driver immediately behind, when there is an opportunity to give it (RCW 46.61.305(3)). If a jury finds you share the blame, Washington’s pure comparative fault rule reduces your damages proportionately without barring recovery (RCW 4.22.005).
Our Q&A on rear-end accidents: who is at fault explains the insurer’s usual arguments, written under California law; the Washington rules above control here.
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Washington deadline and damages
Three years to sue. An action for injury to the person must be started within three years (RCW 4.16.080(2)). That is a year longer than California or Texas. See Washington car accident statute of limitations.
Insurance: 25/50/10, UIM and PIP
The other driver’s liability policy. Drivers of vehicles that must be registered in Washington need liability insurance or other proof of financial responsibility (RCW 46.30.020). The minimums are $25,000 for injury or death of one person, $50,000 for two or more people and $10,000 for property damage (RCW 46.29.090). Those limits run out fast in a crash with a neck or head injury.
Underinsured motorist (UIM) coverage. It must be included unless a named insured or spouse rejects it in writing, and in Washington it covers uninsured, underinsured, hit-and-run and phantom vehicles (RCW 48.22.030). See making a UIM claim.
PIP. No auto policy may be issued or renewed without offering PIP, and only a written rejection by a named insured removes it (RCW 48.22.085).
Whiplash, head injuries and how often rear-end crashes happen
Whiplash. The National Institute of Neurological Disorders and Stroke describes whiplash as a soft tissue injury to the neck, also called neck sprain or strain, usually caused by sudden extension and flexion and commonly the result of a car crash. Symptoms can include neck pain and stiffness, headaches, dizziness, burning or prickling sensations, and shoulder or back pain. They may appear right away or be delayed for several days. Most people recover within three months, but some keep having neck pain and headaches (NINDS). Treatment can include ice, pain relievers, physical therapy or a cervical collar, and surgery is rarely needed (MedlinePlus).
Head injuries. The CDC lists motor vehicle crashes among the common ways people get a traumatic brain injury (CDC). A headache, dizziness or trouble concentrating after a crash deserves a doctor’s attention. See concussion or brain injury after a crash and our page on whiplash claims after a car accident. Serious head injuries are covered on our Washington brain injury lawyer page.
Rear-end crashes are the most common kind of police-reported crash in the country. NHTSA’s annual compilation for 2023 counts 1,748,481 rear-end crashes out of 6,138,359 police-reported crashes, or 28.5%. They made up 27.2% of injury crashes (461,282) and 7.2% of fatal crashes (2,701). Only angle crashes caused more injury crashes (NHTSA, Traffic Safety Facts 2023, Table 29).
Rear-end crashes in Washington
WSDOT lists following too closely as one of the top three causes of 2023 work zone collisions in Washington, along with excessive speed and inattention or distracted driving. Washington averages 689 roadway work zone injuries each year (WSDOT work zone collision facts). Statewide, preliminary data count 659 traffic deaths in 2025; crashes involving a distracted driver killed 103 people and crashes involving a speeding driver killed 189 (Washington Traffic Safety Commission).
Our news desk covers these crashes. On November 1, 2026, a driver struck the back of a State Patrol vehicle on southbound I-5 near SR 516 in Kent while the trooper was helping a disabled car; the driver was arrested for investigation of DUI and vehicular assault, and a 25-year-old passenger was in critical condition. If an impaired driver hit you, see our Washington drunk driving accident lawyer page. In September 2026, two motorcycle riders were seriously hurt after crashing into the back of a van stopped at a red light in Spanaway; the sheriff’s office said preliminary findings indicated the rider was allegedly driving recklessly. For motorcycle claims, see our Washington motorcycle accident lawyer page.
Local pages: Seattle, Tacoma, Bellevue, Everett and Spokane car accident lawyers.
Rear-ended by a city, county or state vehicle
A claim against a city, county or other local government must be presented to its designated agent, and you cannot sue until 60 calendar days later; the three-year limitations period is paused during that wait (RCW 4.96.020). Claims against the State of Washington, such as a crash with a state vehicle, follow the same 60-day rule (RCW 4.92.110).
Rear-end rules in Washington, California and Texas
| State | Following-distance law | What a violation proves | Signal before a sudden stop | Deadline to sue | Your share of fault |
|---|---|---|---|---|---|
| California | No closer than “reasonable and prudent” (Veh. Code § 21703) | Presumed negligence if the elements of Evid. Code § 669 are met; the driver can rebut it | Required when there is an opportunity (Veh. Code § 22109) | 2 years (CCP § 335.1) | Reduces the award, never bars it (Li v. Yellow Cab) |
| Texas | Assured clear distance so the driver can safely stop (Transp. Code § 545.062) | Not negligence per se; the same duty of reasonable care, decided by the jury (Louisiana-Pacific v. Knighten) | Required when there is an opportunity (Transp. Code § 545.105) | 2 years (CPRC § 16.003) | Barred if more than 50%; otherwise reduced (CPRC § 33.001) |
| Washington | No closer than “reasonable and prudent” (RCW 46.61.145) | Evidence of negligence, not negligence per se; DUI is negligence per se (RCW 5.40.050) | Required when there is an opportunity (RCW 46.61.305(3)) | 3 years (RCW 4.16.080(2)) | Reduces the award; does not bar it (RCW 4.22.005) |
Washington gives the most time to sue and, by statute, treats impaired driving as negligence per se.
Related pages
- California rear-end collision lawyer
- Texas rear-end collision lawyer
- Washington car accident lawyer
- Washington brain injury lawyer
- Washington hit-and-run accident lawyer
- Rear-end accident: who is at fault?
- Washington truck accident lawyer
- Areas we serve in Washington
Common questions
Is the driver who rear-ended me at fault in Washington?
Usually. The Washington Supreme Court has held that the primary duty of avoiding a collision rests with the following driver, who is negligent if he runs into the car ahead absent an emergency or unusual conditions (Miller v. Cody, 41 Wn.2d 775 (1953)). Breaking the following-distance statute (RCW 46.61.145) is evidence of negligence for the jury (RCW 5.40.050).
How long do I have to sue after a rear-end crash in Washington?
Three years from the crash (RCW 4.16.080(2)). Against a local government or the state, you must first present a written claim and wait 60 days; the three years are paused during that wait (RCW 4.96.020, 4.92.110).
The driver who hit me was drunk. Does that change anything?
Yes. In Washington, a breach of a statute relating to driving under the influence of alcohol or any drug is negligence per se (RCW 5.40.050).
I was hit by a driver who fled. Who pays?
Your underinsured motorist coverage, unless a named insured or spouse rejected it in writing. In Washington it covers hit-and-run and phantom vehicles (RCW 48.22.030).
My neck pain started days after the crash. Can I still claim?
Yes. NINDS notes that whiplash symptoms may be delayed for several days. See a doctor and keep the records.
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Sources
- RCW 46.61.145
- RCW 5.40.050
- RCW 46.61.305
- Miller v. Cody, 41 Wn.2d 775, 252 P.2d 303 (1953)
- RCW 4.16.080
- RCW 4.22.005
- RCW 46.29.090
- RCW 46.30.020
- RCW 46.52.030
- RCW 48.22.030
- RCW 48.22.085
- RCW 48.22.095
- RCW 4.96.020
- RCW 4.92.110
- WSDOT, Washington State Work Zone Collision Facts (2024)
- Washington Traffic Safety Commission, 2025 preliminary traffic deaths (May 19, 2026)
- NHTSA, Traffic Safety Facts 2023: A Compilation of Motor Vehicle Traffic Crash Data (DOT HS 813 738), Table 29
- National Institute of Neurological Disorders and Stroke, Whiplash
- MedlinePlus (National Library of Medicine), Neck Injuries and Disorders
- CDC, Traumatic Brain Injury Facts and Stats
Important: This page is general information, not legal or medical advice, and reading it does not create an attorney-client relationship. Every case is different; talk to a lawyer about yours. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. Last reviewed: November 6, 2026.