What Should I Do if My Back Hurts After Being Rear-Ended?

4 min read time
back pain

A rear-end collision can happen in the blink of an eye—but its effects may linger for months, years, or even a lifetime. 

It can add insult to injury when an accident was avoidable and caused by someone else’s carelessness. You may be facing mounting medical bills, lost wages from missed work, and other expenses for an accident that wasn’t even your fault.

Among the most common injuries in these types of crashes are back injuries. Whether you’re dealing with a mild strain or a serious spinal issue, acting quickly and appropriately can not only protect your health but also your legal rights. You may be entitled to compensation for your damages. After all, you shouldn’t have to bear the burden of someone else’s mistake.

If you feel pain following a car accident caused by someone else’s negligence, seek medical care and contact Morgan & Morgan for a free case evaluation to learn more about your legal options. 

Here’s how you can act fast to protect yourself and your rights:

 

Step 1: Seek Immediate Medical Attention

Even if your back pain seems minor, it’s vital to get examined by a healthcare professional as soon as possible after the crash. Injuries to the back can be deceptive. What feels like a simple ache could be a symptom of something much more serious, like a herniated disc or spinal fracture.

 

Why You Shouldn’t Wait

Some injuries, such as whiplash or soft tissue damage, may not manifest fully until hours or days after the accident, and without treatment, even minor back injuries can develop into serious, chronic conditions.

Plus, having your injuries documented by a medical professional creates an official record that can serve as evidence to support a personal injury claim.

Don’t try to “tough it out” or self-diagnose. Get evaluated as soon as possible, preferably the same day the accident occurs.

 

Step 2: Understand Common Back Injuries from Rear-End Collisions

Rear-end collisions often jolt the spine unnaturally, especially if you were at a full stop or bracing for impact. Being able to recognize the symptoms of these common injuries can help you to identify the seriousness of your accident. Here are some of the most common back injuries associated with these accidents:

 

Whiplash

Though more often associated with neck pain, whiplash can cause radiating pain down the back due to strain on the cervical spine.

 

Soft Tissue Damage

Muscles, tendons, and ligaments in your back can stretch or tear during the impact, leading to stiffness, swelling, and limited mobility.

 

Herniated or Bulging Discs

Discs in the spine can shift or rupture from the force of a crash, pressing on nearby nerves and causing significant pain, numbness, or weakness in the back and limbs.

 

Spinal Fractures

Severe impacts can cause vertebral fractures, which are extremely painful and may require surgery.

 

Sciatica

This occurs when a spinal disc injury compresses the sciatic nerve, resulting in pain that radiates from the lower back down one or both legs.

It’s important to undergo imaging tests like X-rays, MRIs, or CT scans to determine the nature and extent of your injuries.

 

Step 3: Follow Your Treatment Plan

Once you’ve been diagnosed, follow your doctor’s recommendations carefully. This could include:

  • Physical therapy
  • Chiropractic care
  • Prescription medications
  • Epidural steroid injections
  • In some cases, surgery

Even if you begin to feel better, don’t stop treatment prematurely. Insurance companies may try to argue that your injuries weren’t serious if you discontinue treatment too soon.

Keep copies of all medical records, prescriptions, treatment notes, and bills. These documents are essential for proving your damages.

 

Step 4: Document Everything

After a rear-end accident, documentation becomes your best ally, especially if your case ends up going to court or through an insurance dispute.

Here’s what to keep track of:

  • Accident report: File a police report and request a copy.
  • Photographic evidence: Take pictures of the vehicles, your injuries, road conditions, and any visible damage.
  • Witness statements: If anyone saw the crash, get their contact information and a statement if possible.
  • Medical records and bills: From the ER to specialists, collect everything.
  • Journal: Start a personal journal documenting your pain levels, emotional distress, how the injury impacts your day-to-day life, and missed workdays or activities.

This paper trail can make the difference between a denied claim and fair compensation.

 

Step 5: Notify Your Insurance Company, but Be Cautious

You’re generally required to inform your insurance company about the accident. However, be careful about what you say because it can be used against you. 

While you have paid into a contract with your insurance company to provide coverage for you when the unexpected and unfortunate occurs, these businesses often seek to protect their bottom lines before making good on their promises. That means undermining the true value of your claim is everyday business to them.

Avoid statements like:

  • “I feel fine.”
  • “It’s just a minor ache.”
  • “I don’t think I’m badly injured.”

These kinds of remarks can be used against you later. Stick to the facts and avoid offering opinions about your medical condition. Let your medical records speak for themselves.

If the at-fault driver’s insurance company contacts you, consider speaking with an attorney before engaging. Their goal is often to minimize their liability, not to ensure you get the compensation you deserve.

 

Step 6: Know Your Rights

If your back injury was caused by someone else’s negligence, like a distracted or speeding driver, you may be entitled to compensation for:

  • Medical expenses (current and future)
  • Lost wages and reduced earning potential
  • Pain and suffering
  • Emotional distress
  • Loss of enjoyment of life
  • Property damage

     

Proving Negligence

In a rear-end collision, the rear driver is typically presumed to be at fault, but that’s not automatic. You or your attorney must prove:

  • The driver owed you a duty of care (to drive safely and attentively).
  • They breached that duty (by tailgating or texting).
  • That breach caused your injuries.
  • Your injuries resulted in quantifiable damages.

     

Step 7: Consider Hiring a Personal Injury Attorney

If you’re suffering from back pain due to a rear-end collision, the legal process can quickly become overwhelming, especially when dealing with medical treatments and insurance companies at the same time.

An experienced personal injury lawyer, like those at Morgan & Morgan, can handle the legal heavy lifting while you focus on healing. Our legal team can investigate the accident and gather evidence, calculate the full extent of your damages, and negotiate with insurance companies on your behalf. If a fair settlement can’t be reached, we can also file a lawsuit if necessary and represent you in court.

 

Step 8: Be Wary of Quick Settlement Offers

Insurance companies often move fast after an accident, but not in your favor. They may offer a settlement quickly in hopes you’ll accept before knowing the true extent of your injuries or future costs.

Here’s why that’s risky. Back injuries can worsen over time, and you may need ongoing treatment or surgery down the line. Once you accept a settlement, however, you generally can’t ask for more money later.

Always consult with an attorney before signing anything.

 

Step 9: Don’t Delay

Every state has what’s known as a statute of limitations for filing a personal injury lawsuit. This is a deadline, usually ranging from one to four years after the accident, depending on your state.

If you miss the deadline, you may lose your right to seek compensation altogether.

The sooner you contact a lawyer, the better. This gives your legal team time to gather evidence, talk to witnesses, and build a strong case.

 

What if my back pain didn’t start until days after the accident?

That’s very common. Many back injuries have delayed symptoms. As long as you seek medical attention promptly after symptoms arise and can link them to the crash, you may still have a valid claim.

 

What if I had a previous back injury?

Pre-existing conditions don’t automatically disqualify you from compensation. In fact, if the accident worsened your condition, you may be entitled to additional compensation.

 

When in Doubt, Call Morgan & Morgan

Back injuries after a rear-end collision are serious—physically, emotionally, and financially. You shouldn’t have to bear the burden alone, especially when someone else’s carelessness caused your pain.

At Morgan & Morgan, we understand what you’re going through. That’s why we offer a free, no-obligation case evaluation, and you pay nothing unless we win.

You focus on getting better. We’ll focus on getting you justice.

If you’ve been rear-ended and your back hurts, don’t wait. Contact Morgan & Morgan today for a free case evaluation.

Disclaimer
This website is meant for general information and not legal advice.

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