The rear driver is usually at fault in an Arizona rear-end collision, but "usually" isn't the same as "always." Understanding what the law actually says, and how insurers will try to use it against you, matters for what you're able to recover.
The following distance rule
A.R.S. § 28-730 requires drivers to maintain a following distance that's reasonable and prudent given the speed of traffic and road conditions. A driver who tailgates and can't stop in time has generally violated that duty, which establishes liability for the crash. That's the starting point in most rear-end cases.
When the front driver shares fault
Insurance adjusters routinely look for ways to assign some blame to the driver who was struck, because Arizona's pure comparative fault rule (A.R.S. § 12-2505) means every percentage point of fault they pin on you reduces what they owe. Common arguments: brake-checking with no legitimate reason, cutting off the following vehicle so abruptly there was no time to react, broken or missing brake lights, or backing up into traffic unexpectedly.
Even if you're found partially at fault, you can still recover. If you're 20% responsible, you recover 80% of your damages. There's no cutoff in Arizona. More on that in our post on Arizona comparative negligence law.
What you can recover
Medical expenses (ER, imaging, surgery, physical therapy, future care), lost wages and reduced earning capacity, vehicle repair or replacement, pain and suffering, emotional distress, and loss of consortium are all available in Arizona rear-end collision claims. The more severe and lasting the injuries, the larger the non-economic component of the claim.
Arizona has a two-year statute of limitations for personal injury claims (A.R.S. § 12-542). Miss that deadline and your case is almost certainly gone.
Injuries that don't show up immediately
Whiplash symptoms, stiffness, headaches, nerve pain, can take 24 to 72 hours to develop. Herniated discs, concussions, rotator cuff tears, wrist injuries from the steering wheel, and PTSD are all common in rear-end crashes, and none of them are visible at the scene. See a doctor immediately after the accident, even if you feel fine. A documented medical visit protects both your health and your claim. Gaps between the crash and your first treatment give insurers an argument that you weren't seriously hurt.
Dealing with insurance
Arizona is an at-fault state. You'll typically file a third-party claim against the rear driver's liability coverage. Arizona's minimum bodily injury requirement is $25,000 per person (A.R.S. § 28-4009), and plenty of drivers carry exactly that. If the at-fault driver is underinsured, your own UM/UIM coverage can fill the gap. Don't give a recorded statement to the other driver's insurer before talking to an attorney, adjusters are trained to ask questions that minimize claims or shift blame.
Our car accident attorneys handle rear-end collision cases across Phoenix and Scottsdale. Consultations are free, and there's no fee unless we win. Call (480) 418-SHER (7437) or reach out online.