Rear-end accidents are one of the most common and painful types of crashes on Bensalem’s roads. Whether it happened on the Pennsylvania Turnpike near Exit 351, along busy Street Road (Route 132), or at one of the intersections near Neshaminy Mall, the impact of being rear-ended can turn your life upside down fast. Medical bills pile up, you miss work, and the at-fault driver’s insurance company starts looking for reasons to pay you as little as possible. If that sounds familiar, you need a Philadelphia personal injury lawyer who knows Pennsylvania law and knows how to fight for what you actually deserve. At MyPhillyLawyer, we represent injured people in Bensalem, Bucks County, and throughout the greater Philadelphia area. Call us at (215) 227-2727 to talk about your case.
Table of Contents
- How Common Are Rear-End Accidents in Pennsylvania and Bensalem
- Pennsylvania Law and Who Is Liable in a Rear-End Accident
- Pennsylvania’s Tort Options and What They Mean for Your Rear-End Accident Claim
- Injuries Common in Bensalem Rear-End Accidents and Why They Matter
- The Deadline to File a Rear-End Accident Claim in Pennsylvania
- FAQs About Bensalem PA Rear-End Accident Claims
How Common Are Rear-End Accidents in Pennsylvania and Bensalem
Rear-end collisions are not a rare event on Pennsylvania roads. According to PennDOT’s 2024 Crash Facts and Statistics, rear-end crashes resulted in 20,825 reported incidents and 81 fatalities across the Commonwealth in 2024. That translates to dozens of rear-end crashes happening every single day somewhere in Pennsylvania.
Bensalem Township sits at the crossroads of several high-traffic corridors. The Pennsylvania Turnpike (I-276), Route 1 (Lincoln Highway), and Street Road (Route 132) all run through or near Bensalem. Heavy commuter and commercial traffic on these roads creates the exact conditions that lead to rear-end crashes: stop-and-go congestion, driver distraction, and aggressive tailgating.
PennDOT data shows that Pennsylvania averages approximately 303 reportable traffic crashes every single day, or about 13 crashes every hour. In a densely traveled township like Bensalem, where the Turnpike interchange and major retail corridors generate constant traffic, the local share of those numbers is significant.
Distracted driving is a leading cause. A driver who looks down at a phone for even a few seconds while approaching a red light near Parx Casino or the Neshaminy Mall parking lots can close the gap on the car ahead in an instant. Speeding, tailgating, wet roads, and sudden braking all contribute as well. The bottom line is that rear-end crashes are preventable, and when another driver’s carelessness causes one, you have the right to pursue compensation under Pennsylvania law.
Pennsylvania Law and Who Is Liable in a Rear-End Accident
In most rear-end accidents, the driver who struck the vehicle from behind is at fault. Pennsylvania law requires every driver to maintain a safe following distance and to be able to stop in time to avoid a collision. When a driver fails to do that, they are negligent.
Pennsylvania follows a modified comparative negligence rule under 42 Pa. C.S. § 7102. This statute means that if you share some blame for the crash, your compensation is reduced in proportion to your percentage of fault. If you are found to be 20% at fault, your damages are reduced by 20%. However, if your share of fault reaches 51% or more, you cannot recover anything at all. This is why it matters so much to have an attorney who can build a strong record showing the other driver’s negligence.
Insurance adjusters will sometimes argue that you braked too suddenly, that your brake lights were not working, or that you contributed to the crash in some other way. These arguments are designed to reduce what the insurer pays. An experienced legal team can gather the evidence needed to counter those claims, including traffic camera footage from Bensalem Township roads, witness statements, and police accident reports filed with the Bensalem Township Police Department.
If the rear-end crash involved a commercial truck, a delivery driver, or a rideshare vehicle, additional layers of liability may apply. Employers can be held responsible for the negligence of their drivers under a legal theory called respondeat superior. That means there may be more than one party responsible for your injuries and more than one source of compensation available to you.
Pennsylvania’s Tort Options and What They Mean for Your Rear-End Accident Claim
Pennsylvania is one of a small number of states that gives drivers a choice about their insurance coverage, and that choice directly affects your right to sue after a rear-end accident. This is called the tort election, and it is governed by 75 Pa. C.S. § 1705.
When you buy auto insurance in Pennsylvania, you choose between two options. The full tort option preserves your unrestricted right to sue for pain and suffering and other non-economic damages after any crash. The limited tort option lowers your premium but restricts your right to sue for pain and suffering unless your injuries meet the definition of a “serious injury,” which includes serious impairment of a body function or permanent disfigurement.
Many people choose limited tort because it costs less, and then they are surprised to learn they cannot sue for pain and suffering after a rear-end crash that left them with chronic neck pain or a herniated disc. However, there are exceptions. If the driver who hit you was uninsured, was driving a commercial vehicle, or was convicted of a DUI related to the crash, you may be able to step outside the limited tort restriction and pursue full damages regardless of your election.
Beyond the tort election, Pennsylvania’s no-fault system requires your own insurance to pay your initial medical bills through what are called first-party benefits. Under 75 Pa. C.S. § 1711, every Pennsylvania auto insurance policy must include at least $5,000 in medical benefits coverage. This pays your medical expenses regardless of who caused the crash. But $5,000 goes fast when you are dealing with emergency room visits, MRIs, physical therapy, and specialist consultations after a serious rear-end collision.
Injuries Common in Bensalem Rear-End Accidents and Why They Matter
Rear-end accidents produce a specific and painful set of injuries. The sudden forward jolt of impact forces the head and neck to snap back and then forward, a motion that can tear muscles, ligaments, and spinal discs in a fraction of a second. Whiplash is the most commonly known result, but the injuries can go much deeper than that.
Herniated cervical or lumbar discs are frequent outcomes, especially in crashes at highway speeds on the Turnpike or Route 1. A disc that ruptures can press against spinal nerves and cause radiating pain, numbness, or weakness in the arms or legs. In severe cases, rear-end crashes cause traumatic brain injuries (TBIs) when the head strikes the headrest, steering wheel, or window. Spinal cord injuries are also possible in high-speed rear impacts, and burn injuries can result if a vehicle fire follows the crash.
One reason rear-end injuries are legally significant is that symptoms are sometimes delayed. You might walk away from the crash feeling sore but functional, only to wake up three days later unable to turn your head. Insurance companies use that delay against you, arguing that your injuries are not related to the crash. Seeing a doctor immediately after any rear-end accident, even if you feel okay, creates a medical record that links your injuries to the collision. That record is critical evidence in your claim.
The types of compensation available to you include medical expenses (past and future), lost wages, loss of earning capacity, physical pain and suffering, and emotional distress. If a loved one was killed in a rear-end crash, Pennsylvania’s Wrongful Death Act under 42 Pa. C.S. § 8301 allows surviving family members to recover damages including medical costs, funeral expenses, and loss of the deceased’s financial contributions and companionship.
The Deadline to File a Rear-End Accident Claim in Pennsylvania
Pennsylvania law sets a strict deadline for filing a personal injury lawsuit after a car accident. Under 42 Pa. C.S. § 5524, the statute of limitations for personal injury claims is two years from the date of the accident. Miss that deadline and the court will almost certainly dismiss your case, no matter how strong it is.
Two years may sound like plenty of time, but it passes quickly when you are focused on recovering from your injuries, attending medical appointments, and managing daily life. Building a strong case also takes time. Attorneys need to gather evidence, obtain medical records, retain expert witnesses, and calculate the full extent of your damages, including future medical costs and long-term lost income. Starting that process early gives your legal team the best chance to do it right.
There are limited circumstances where the two-year clock may be paused, such as when the injured person is a minor or when the defendant’s identity is unknown. But these exceptions are narrow and should never be relied on as a reason to delay. If you were rear-ended in Bensalem, on Street Road, the Turnpike, or anywhere else in Bucks County, contact MyPhillyLawyer as soon as possible. Our office serves clients throughout the Philadelphia region, including Bensalem Township in Bucks County. Call us at (215) 227-2727 or toll free at Toll Free: 866-352-4572 to schedule a free consultation and make sure your rights are protected before time runs out.
FAQs About Bensalem PA Rear-End Accident Claims
Who is at fault in a rear-end accident in Pennsylvania?
In most cases, the driver who struck the vehicle from behind is at fault. Pennsylvania law requires drivers to maintain a safe following distance and control their speed. When a driver fails to stop in time, that failure is negligence. However, Pennsylvania’s comparative negligence rule under 42 Pa. C.S. § 7102 means that if you share any portion of the blame, your compensation is reduced accordingly. An attorney can help establish the full picture of fault and protect your right to recovery.
What if I chose limited tort on my Pennsylvania auto insurance policy?
Choosing limited tort restricts your right to sue for pain and suffering unless your injuries qualify as “serious” under 75 Pa. C.S. § 1705, which includes serious impairment of a body function or permanent disfigurement. However, there are exceptions. If the driver who hit you was uninsured, driving a commercial vehicle, or convicted of DUI in connection with the crash, you may be able to pursue full damages even with a limited tort election. An attorney can review your policy and the circumstances of your crash to determine which exceptions may apply.
How long do I have to file a lawsuit after a rear-end accident in Bensalem?
You have two years from the date of the accident to file a personal injury lawsuit in Pennsylvania, under 42 Pa. C.S. § 5524. If you miss that deadline, you lose your right to sue, regardless of how serious your injuries are. Do not wait to speak with an attorney. Building a strong case takes time, and starting early gives your legal team the best opportunity to gather evidence and document your damages fully.
What compensation can I recover after a rear-end accident?
Depending on the facts of your case and your tort election, you may be able to recover compensation for medical bills (past and future), lost wages, reduced earning capacity, physical pain and suffering, and emotional distress. If the crash caused a loved one’s death, Pennsylvania’s Wrongful Death Act under 42 Pa. C.S. § 8301 allows surviving family members to pursue damages for medical costs, funeral expenses, and the financial and personal losses that come with losing a family member. Every case is different, and the value of your claim depends on the severity of your injuries and the strength of the evidence.
What should I do immediately after a rear-end accident in Bensalem?
Call 911 and make sure police respond to document the crash. Seek medical attention right away, even if your symptoms seem mild, because delayed-onset injuries like whiplash and herniated discs are common in rear-end collisions. Take photos of the vehicles, the road, and any visible injuries. Get the other driver’s insurance and contact information. Do not give a recorded statement to the other driver’s insurance company before speaking with an attorney. Then call MyPhillyLawyer at (215) 227-2727 to discuss your options with a legal team that handles rear-end accident cases in Bensalem and throughout Bucks County.
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