Rear End Car Accident Lawyer
Serving Car Accident Victims Nationwide
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.
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