Rear End Car Accident Lawyer
Serving Car Accident Victims Nationwide
The
National Safety Council reports that millions of rear end collisions occur every year. A rear
end collision is the most frequently reported
car accident. The rear end collision happens when a driver follows the car in front
of him or her too closely or drives too fast to avoid a collision at a stop.
Rear End Collision Liability and Negligence
The driver hitting the rear end of the car in front is typically held liable
and found negligent. He or she must then provide compensatory damages
to cover expenses related to the accident.
The Doan Law Firm represents drivers who suffer property damage and personal injuries that
result from another driver's negligence.
The rear-position driver is most often determined as the at fault driver.
The reasons why the driver in front stopped are usually unimportant to
the determination of liability. The police investigating the accident
scene determine the driver at fault at the time the accident report is issued.
Rear End Collision Accident Scene Police Report
Police determine the at fault driver from vehicle damage and basic state
traffic safety requirements. The driver must be able to stop in a safe
manner when front-facing traffic stops. When the driver does not stop
safely because he or she is driving too fast or too closely follows the
car in front, police may enter a violation.
In a common rear-end car collision, the front-facing driver stops or slows
as the driver to his or her rear hits the car. It is the practice of most
insurers to accept that the rear-positioned driver is a fault when a rear
end collision occurs. However, typical practice does not reflect in several
states aw. Since no law is able to anticipate an infinite possibility
of accident variables, insurance companies are likely to want to quickly
settle these claims without an in-depth evaluation of what actually happened.
Rear End Collision Causes
Sometimes, the rear end collision happens because the front-position driver
runs a stop light or makes an illegal intersection turn. After the rear
end collision causes two or more cars to spin out of original position
in the accident scene, it may be challenging for the investigating officer(s)
to clearly define what occurred or which driver actually caused the rear
end collision accident.
In some cases, multiple cars are involved in a rear end collision chain.
For example, car number four in a five-car rear end collision chain may
not bear the same level of responsibility or cause as car number two.
Without an experienced rear end collision lawyer to ask questions and dig
into the facts of the case, insurance companies are likely to settle claims
based on historical estimates of what might happen if the case went to
trial. Although the front-facing driver is most often deemed innocent
in a rear end collision, circumstances between rear end collision accidents vary.
Causal Factors and Considerations
Driver negligence may be determined a variety of factors, including drivers'
speed, road conditions (including construction sites), failure to yield
the right of way, failure to signal, and vehicular defects.
Small failures of a driver may cause big damages in a rear end collision.
A driver might not realize that a signal or tail light isn't working.
If the driver's car breaks down in a highly congested area, he or she
might not be able to move it completely out of the road. Swerving in and
out of traffic, or cutting in front of another car, may also cause a rear
end accident. In these sorts of scenarios, the rear-position driver is
not necessarily at fault for the rear end collision accident.
Comparative Negligence State
A legal doctrine known as comparative negligence helps trial juries to
determine dual cause and/or the degree of cause shouldered by each. The
presentation of facts of this particular case can clarify that neither
party deserves to shoulder full liability for the rear end accident.
If the front-position driver is partly to blame, then the rear-facing driver
should seek the advice of an experienced auto collision attorney. Comparative
negligence may indeed apply to the case.
Distracted Drivers May Cause Rear End Collisions
According to the author of "Distracted Driving," (2012) distracted
drivers frequently cause rear end collisions. If the driver in the front
car is eating, talking on the phone, arguing with a passenger, putting
on makeup, sending a text, or adjusting the car's navigation system, the
driver may lose control of the vehicle or slow down without warning.
Repercussions of the driver's actions, including a rear end collision,
are not necessarily then the fault of the rear-position driver. Witnesses
of the accident may then be instrumental in supporting the rear-positioned
driver's answer to what caused the accident.
Injuries Caused by a Rear End Collision Accident
A rear end collision is sometimes referred to as a "whiplash"
crash. According to the Spine Research Institute, an individual suffering
whiplash may have neck pain or headaches after a rear end injury. When
the front-facing car is hit from behind, passengers of the car in front
continue to accelerate from the impact at ten times' gravity force. This
sudden violent motion also known as an
acceleration-decelerationinjury may result in long-lasting ligament or cervical spine injuries.
Your Rights in a Rear End Collision Accident
A rear end collision can be a frightening event. It is essential to understand
your rights as a consumer if a rear end collision happens to you. An insurance
adjuster may say that little to no property damage to the vehicles means
that neither party could be injured in the accident. This perspective
is not true. Studies have repeatedly shown that spinal injuries may result
even when vehicles involved in the accident were moving at low speeds.
Calling an experienced lawyer is the best way to stand up for your rights.
The Doan Law Firm is available 24 hours a day/ seven days a week and offers
free phone consultation. Our law firm is completely focused on customer
service. There are no fees charged to our clients unless we win.
Contact us now to discuss your case.