Your quality of life is likely to worsen after sustaining an injury in a rear-end collision. You may endure physical injuries, lost productivity, and poor physical and mental health. You, therefore, deserve compensation for your injury-related losses.
Although you have a right to compensation, you need evidence to back your claims and protect your rights as an injured victim. Further, you must also understand the value of your losses to avoid leaving money on the table.
A car accident lawyer can explain your legal options after a rear-end collision and pursue fair compensation.
Common Causes of Rear-end Collisions
A rear-end collision occurs when one vehicle collides with the back of another car in front of it. In a rear-end crash, the driver of the rear vehicle probably failed to maintain a safe distance or did not pay attention to the road ahead.
Rear-end collisions are common on roads and have legal consequences for the drivers involved.
Rear-end collisions happen because of:
- Distracted driving, including texting or any other activity that takes away the driver’s attention
- Tailgating
- Sudden stops
- Driver fatigue
- Speeding
- Mechanical failure
- Driving under the influence of alcohol
Who Is Liable for a Rear-end Collision?
When a rear-end collision occurs, you must establish the liable party to pursue them for damages and injuries associated with the crash.
Here are the parties who you may hold liable for a rear-end collision:
The Rear Driver
Traffic laws require drivers to maintain a safe distance from the vehicle in front, allowing them enough time to react and stop if necessary.
If the rear driver fails to keep a safe distance and collides with the vehicle in front, they may need to pay for any resulting damages and injuries.
To determine liability, courts will consider factors such as whether the rear driver was speeding, distracted, tailgating, or under the influence of drugs or alcohol.
If the front driver suddenly stops or changes lanes without signaling, the rear driver is still expected to exercise caution and maintain vehicle control to avoid a collision. Therefore, the rear driver has a higher degree of responsibility to maintain a safe following distance.
The Front Driver
If the front driver abruptly stops without any valid reason or if they reverse unexpectedly, they may share some responsibility for the resulting crash.
Even so, the front driver’s liability is typically less than that of the rear driver. Nevertheless, if the front driver acts negligently or contributes to the accident, they may bear partial fault.
Third Parties
Apart from the rear and front drivers, third parties may cause a rear-end collision. A defect in the rear driver’s vehicle, such as faulty brakes, may play a role in the accident. In such cases, the vehicle manufacturer or seller may need to pay for the damages and injuries.
Similarly, if a government agency negligently maintains the road, resulting in the collision, you can hold them liable.
For instance, a poorly designed road without proper signage can contribute to accidents and injuries. In such situations, you may bring a claim against the government agency responsible for road maintenance.
How to Establish Liability in a Rear-end Collision
Rear-end collisions contribute to physical injuries and financial burdens for those involved. If you suffered an injury in a rear-end collision, a lawyer who can establish liability can protect your rights.
Here are a few ways used to determine fault in a rear-end collision:
The Concept of Negligence
Negligence can establish liability in a rear-end crash. Negligence refers to the failure to exercise a reasonable level of care, resulting in harm or injury to another person.
To establish negligence in a rear-end collision, you must prove:
- Duty of Care: The driver has a duty to drive responsibly by minding the safety of others on the road.
- Breach of Duty: The driver failed to uphold their duty of care by acting negligently or recklessly, such as tailgating, speeding, or distracted driving.
- Causation: The breach of duty directly caused the accident and subsequent injuries.
- Damages: The victim must have suffered actual harm or damages due to the accident, such as physical injuries or lost income.
A car accident lawyer understands the concept of negligence and how it applies in a rear-end collision. They can guide you in pursuing compensation from the at-fault party.
Gathering Evidence
You require solid evidence to support your car accident claim.
Evidence you can use in a rear-end collision includes:
- Images of skid marks and the position of the vehicle after the crash
- Eye witness statements
- Medical bills
- An absence letter from your employer
- Surveillance footage from nearby premises
Reviewing the Police Accident Report
You should alert the police if you are involved in a rear-end collision. Most states require drivers to file a police accident report if a crash involves property damage, injuries, or death.
When a police officer arrives at the crash scene, they will generate a report with details about the accident, such as the location, names of the drivers involved, witnesses, and any violations of traffic laws.
Reviewing the police accident report can provide details on the road user who may be liable for the crash. The report can capture the extent of skid marks, indicating potential issues like overseeding or loss of vehicle control.
The report may also include statements from witnesses and an officer’s assessment of the accident, which can strengthen your case.
Violations of Traffic Law
A car accident attorney can use traffic citations after a crash to prove that the driver was liable for a rear-end collision. Traffic citations are often issued to drivers with speeding, tailgating, or reckless driving violations.
Suppose the other driver was cited for a traffic violation, such as speeding, reckless driving, or failure to maintain a safe following distance. In that case, it can strongly support your negligence claim against them.
These violations indicate that the other driver acted negligently and failed to fulfill their duty of care on the road.
Shared Fault
Sometimes two or more parties share liability for rear-end collisions. For example, the front driver may cause a crash if they suddenly change lanes without signaling.
An experienced car accident lawyer has dealt with many similar rear-end crashes and can help with liability in your claim.
Damages in a Rear-end Collision
The probability of recovering from a rear-end collision depends on the settlement value you obtain from your personal injury claim. A car accident lawyer can establish the applicable damages after an injury in a rear-end collision.
Here are the damages you can get in a rear-end collision:
Pain and Suffering
Rear-end collisions can cause significant physical pain and emotional distress. The jarring impact of being hit from behind can result in various injuries, such as whiplash, back and neck injuries, and even traumatic brain injuries.
These injuries can lead to long-term pain and suffering, affecting your quality of life. Pain and suffering damages help an injured victim recover from the physical discomfort, emotional discomfort, and reduced quality of life.
Lost Income
If your injuries from a rear-end collision prevent you from working, you may recover compensation for lost income. This includes the income you have already lost and any future loss of income resulting from your injuries.
If you resume work but your injuries prevent you from achieving full productivity, a car accident attorney can accurately claim loss of earning capacity damages. You can use pay stubs, tax returns, a letter from your employer, and bank statements to prove lost income.
Medical Expenses
You’ll incur medical expenses during recovery if a rear-end collision injures you. You, therefore, deserve compensation for the losses associated with your treatment and rehabilitation plan.
Some of the expenses you can recover include:
- Hospital bills
- Medication
- Physical therapy
- Chiropractic care
- Emergency room charges
- Ambulance fees
When you document your treatment and the extent of your injuries, you’ll have a strong claim against the at-fault party.
Loss of Companionship
If you lost a loved one in a rear-end collision, you may recover compensation for the loss of companionship damages. These damages compensate you for the support, love, and affection that your loved one provided.
You can also receive loss of companionship damages if your loved one is permanently impaired and can no longer provide the love or affection they offered before the injury.
Loss of Enjoyment of Life
Injuries sustained from a rear-end collision can impede your ability to enjoy life’s activities. Whether it is participating in sports, hobbies, or even simple daily tasks, your injuries may prevent you from engaging in activities that once brought you joy.
Compensation for the loss of enjoyment of life seeks to address these limitations and help you regain some semblance of normalcy.
Emotional Anguish
You can receive compensation for the emotional trauma as a result of a rear-end collision. If the rear-end collision traumatizes you, you may develop symptoms of emotional anguish.
Learning a rear-end collision permanently disabled you can also trigger emotional anguish. It can manifest as anxiety, depression, post-traumatic stress disorder (PTSD), and even fear of driving.
Seeking compensation for emotional anguish can help cover the costs of therapy and other treatments necessary for your emotional recovery.
Permanent Impairment
Severe injuries in a rear-end collision can contribute to permanent impairment or disability, affecting your ability to work and perform daily activities. Compensation for permanent impairment looks at the long-term effects of your injuries and provides financial support for the challenges you may face.
How a Car Accident Attorney Can Help
You need legal help to pursue compensation from the at-fault party.
Here’s how a car accident lawyer can help you after a rear-end collision:
- Evaluation and Documentation: A car accident lawyer will gather all the necessary information, such as police reports, medical records, and witness statements, to build a strong evidence base for your claim.
- Negotiation and Settlement: A skilled car accident attorney will work on your behalf to negotiate a fair settlement with the insurance company. They have extensive experience dealing with insurance adjusters and understand the tactics they use to minimize compensation.
- Legal Representation: A car accident lawyer will litigate your case before a judge or jury if you can’t agree with the at-fault party. They will make a strong argument using evidence to maximize your settlement value.
- Peace of Mind: Dealing with the aftermath of a rear-end collision can be overwhelming, particularly if you suffered an injury and are trying to recover. Hiring a car accident attorney will provide peace of mind, knowing that a professional is handling the legal aspects of your case.
Working with a car accident attorney enhances your chances of a positive outcome in your personal injury case. They will also guide you to make the right decisions that protect your interests.
Get Legal Help From an Experienced Car Accident Lawyer
After a rear-end collision, the at-fault’s party insurer may quickly make a low settlement offer, hoping you’ll accept and move on with your life. However, you’ll likely leave money on the table if you negotiate or accept an offer without legal guidance.
You’re also likely to accept low settlement offers if you don’t understand or can’t prove the full extent of your injuries. You should, therefore, work closely with a car accident attorney who can communicate and negotiate on your behalf.
To understand your next steps after a rear-end collision, a Bronx personal injury attorney is standing by to help you. Speak to an attorney as soon as possible for legal help.
