Rear-Ended Car Accident Guide: Faults and Compensation

0
8


Advertiser Disclosure

Damage from rear-end collisions ranges from small “fender-bender” nicks in the car’s paintwork to catastrophic damage. If you have recently been involved in a rear-end collision, make no assumptions as to whether the lead or trailing driver was at fault. Fault may be considered by one, both, or neither by a judge or jury, depending on the situation. In other words, you may be entitled to compensation regardless of where your car was in the accident.

Here is an overview of these types of accidents, how error assessment is typically conducted, and how it can affect a litigation.

In this article:

What is a rear-end collision? examples and errors

A rear-end collision is any car accident in which one vehicle collides with another from behind. Common causes of rear-end collisions are:

  • distracted driving
  • following a vehicle in front too closely (tailgating)
  • aggressive driving
  • anger on the street
  • drive to sleep
  • sudden stop by a vehicle ahead
  • Inability to brake effectively due to slippery conditions

In scenarios with more than two vehicles, a chain reaction rear-end collision can result in multiple vehicles following each other. Depending on the severity of the impact and whether the driver of the vehicle in front is on the brakes at the time of the accident, the vehicle in front can be pushed into oncoming traffic and hit by other vehicles again.

Why does the following driver usually make a mistake?

Most of the time, it is assumed that the rear-end driver is partially or fully at fault in a rear-end collision. This is because state laws require motorists to maintain a safe distance from the vehicle in front of them. In the event that the vehicle in front makes a sudden stop, the vehicle in back is expected to have enough space to stop safely behind it to avoid a collision.

However, there may be times when the main driver is at fault, both sides are at fault, or neither side is at fault. For example, if a power line suddenly falls on the road and the main vehicle suddenly stops, but then the power line shifts, so that the following driver has to accelerate in order not to hit the line, the driver must not make a mistake either. Instead, the utility that installed the unstable line could potentially be held liable for any damage caused to either party involved in a car accident.

Rear-end collisions where the leading driver may be at fault

Common scenarios in which a preceding driver may be responsible for a rear-end collision include:

  • Rear impact scenario: The leading driver throws the vehicle backwards and hits the rear car.
  • Careless maintenance or faulty parts scenario: The main vehicle’s taillights are off and cannot signal the following vehicle that the main vehicle is about to stop.
  • Brake check scenario: The leading motorist suddenly applies the brakes without warning or justification. This situation often occurs in traffic accidents.

Ideas for handling car accidents with rear-end collisions

The effective handling of a rear-end collision insurance claim depends on the circumstances of the accident and the type of insurance coverage that everyone involved may or may not have.

For example, most no-fault accident victims inadvertently file a claim with the driver’s insurance company. However, a driver who is injured through no fault of his own must claim his damage from his own insurance company. If you were injured as a result of your accident you may be advised to file a collision claim where your own insurer will reimburse you for your costs with the expectation that they will once be the guilty party’s own damage. will compensate. The provider pays your claim.

Regardless of your insurance situation, you should allow an attorney to speak to insurance providers on your behalf. This increases the likelihood that any severance payment you are entitled to will be properly assessed and paid promptly.

Common rear car accident injuries

Even minor rear-end collisions lead to injuries. The force of a vehicle-to-vehicle impact usually causes the heads of each driver and passenger to swing back and forth over necks that are unprepared for a collision. As a result, victims of rear-end car accidents suffer whiplash. This soft tissue injury may not cause symptoms hours or days after the accident. If a rear extremity bump in your neck, shoulders, jaw, or back starts to cause pain, see a doctor as you may have delayed whiplash symptoms.

Other common rear-end collisions include:

  • Traumatic Brain Injury: The force of the impact can cause the brain to bang against the skull one or more times.
  • Miscarriage: If a pregnant person hits the steering wheel with her lower abdomen or suffers other serious injuries as a result of the accident, the pregnancy may end unintentionally.
  • PTSD: Trauma related to a sudden impact can cause anxiety as accident victims have difficulty fully processing the events surrounding their accident.

Filing rear-end collision injuries

If you are not at fault or only partly at fault for the circumstances that caused your accident, you have the right to sue a culpable driver for damages, provided your case meets these general criteria:

  • The at-fault driver has a legal obligation known in law as the “duty of care.”
  • This duty was breached when the guilty party engaged in reckless, reckless, or intentionally harmful behavior (e.g., texting while driving).
  • Your injuries occurred as a direct result of this behavior or aggravated existing injuries from the accident.

If your lawsuit is successful, you may be awarded financial and non-pecuniary damages. Economic losses, which are quantifiable financial losses, include compensation for lost wages, medical bills, and other specific expenses as a result of your injuries. Non-economic losses – sometimes referred to as “normal” losses – are not easily measurable. The most well-known general damage category is “pain”.

Do you need help to get compensation for your last car accident?

In a rear-end collision, it is not always clear who is to blame. For example, a driver may be reluctant to admit that he was on the phone at the time of the accident. Regardless of your situation, an attorney can help you establish the facts and settle your case. Find out how with the FREE Legal Check today.

Disclaimer: This article provides general legal information, but does not constitute professional legal advice for your particular situation and should not be construed as establishing an attorney-client relationship. If you have any legal questions, you should seek the advice of a licensed attorney in your jurisdiction.

source

LEAVE A REPLY

Please enter your comment!
Please enter your name here