Who Pays for Rear-End Collisions?
Who Pays for Rear-End Collisions?
Rear-end collisions are one of the most common car accidents. A driver may be texting or sleepy and rear-end another vehicle on the highway or in an intersection. These serious accidents can happen almost anywhere, and it’s important to understand who may be at fault.
Learn below about rear-end collisions and who pays. Then, talk to a car accident lawyer in California if another driver has rear-ended you. You can be entitled to compensation if the other driver was negligent.
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Rear-End Accident Statistics
Rear-end crashes are common in California and many states. Government statistics state that 27 percent of all California accidents are rear-end crashes. Nationally, rear-end accidents comprise 29 percent of all fatal accidents. The California Highway Patrol states there were 3,854 fatal accidents in 2022. About 60 percent of all fatal crashes that year were on rural roads, and 40 percent were on city roads and interstates.
What Law Governs Fault In Auto Accidents?
In California and many states, whoever caused the car accident is liable for paying the victim’s damages. If you’re hurt in a rear-end accident, the at-fault driver is likely responsible for paying your damages.
The insurance companies involved in the case will look at who was negligent to assign blame for the accident. Negligence means that another person puts someone in danger by not following their duty of care.
For example, car drivers have a duty of care to drive by the rules and stop their vehicle before hitting another car. A rear-end accident usually means the rear driver violated their duty of care, hit your vehicle, and caused injuries and damages.
Some rear-end collisions have an apparent guilty party. The rear driver may have looked at their phone and slammed into your bumper at a stop light. They would be liable for your losses. However, there are many types of rear-end accidents, and fault varies by case.
How Do Rear-End Crashes Happen?
Rear-end accidents can happen for many reasons. If drivers are distracted or cannot slow down in time, they can hit a vehicle in front of them. It’s common for rear-end crashes when the at-fault driver doesn’t change lanes or merge legally. If the rear driver’s negligence, speeding, or inattention leads to a crash, the rear driver is usually to blame.
Many drivers think that the rear driver is always liable in rear-end collisions. This is generally true. However, there are limited times when the front driver can be partially or fully at fault. Some situations where the front driver can be blamed include:
- The front driver slows down or stops for no reason, causing the rear driver to hit them.
- The front driver has broken taillights or brake lights.
- If the front driver reverses direction while a car is behind them.
- Some rear-end crashes happen because of a multi-vehicle accident. For example, one driver may hit you from behind in stopped traffic, causing you to hit the person in front of you, and they hit the car in front of them.
Rear-end collisions are usually the rear driver’s fault, so the rear driver usually pays. However, a car accident lawyer in California should review your case to understand who is to blame. Typically, the rear driver causes rear-end accidents for the following reasons:
- They were fatigued and didn’t slow down in time to avoid a crash with the front vehicle.
- They were intoxicated and didn’t stop at a red light or in traffic.
- They were distracted by a cell phone or something else and hit you from behind.
- Bad weather caused the driver to lose control and rear-end you.
- The driver was speeding or driving recklessly and hit you from behind.
- The other driver was changing lanes or merging and hit you from behind.
Serious Rear-End Crashes Require A Full Investigation
A dispute can arise over liability in any car accident, including a rear-end accident. So, every serious auto accident should be investigated by a seasoned auto accident attorney. Your auto accident lawyer will review all evidence to determine who was at fault. Common evidence your attorney will review are:
- Eyewitness statements: Eyewitnesses not involved in the accident are often an excellent source of evidence. Try to get the accident witnesses’ names and contact details and give them to your attorney.
- Surveillance camera footage: Many businesses and traffic lights have cameras and may have recorded the accident.
- Physical evidence: Vehicle damages, road parts, and pavement tire marks may be instrumental in proving who caused the rear-end collision.
- Photos and video: If possible, take photos and video after the accident. Significant evidence of the vehicle’s position after the crash is important.
- Police report: The report from law enforcement is important evidence. The police may have cited the other driver for the rear-end collision.
Your rear-end accident attorney will use the crash evidence to build a convincing story to show the insurance company or jury that another party caused the accident.
What Factors Affect A Rear-End Collision Settlement?
Rear-end accidents can be minor fender benders or serious and sometimes fatal accidents. Many factors influence how much you or a loved one receives in a personal injury settlement. Only by analyzing your case carefully can an auto accident attorney estimate your claim’s value:
Severity Of Injuries
Suppose a car rear-ended you at high speed in stopped interstate traffic. You have a broken back and head trauma. This is a catastrophic injury that will require a lot of medical care, rehabilitation, and long-term consequences. The claim value will be higher than if you simply sprained your wrist.
Medical Expenses
A severe rear-end accident injury, such as spinal cord damage, will have high medical expenses that can total millions of dollars over the years. Your case is also worth more if surgery and extended hospitalization are needed. Your attorney will add up your current and future medical expenses to understand the settlement value.
Lost Earnings
A catastrophic injury, such as a brain injury, may make you unable to work. You should receive compensation for your current lost earnings and future earning capacity. A skilled auto accident attorney will estimate your future lost earnings if it is a permanent injury.
A skilled attorney will network with expert economists and occupational specialists who know how to value your lost work years. Getting this compensation is critical to ensuring your bills are covered for years.
Pain And Suffering
A severe rear-end crash injury can cause excruciating physical and emotional pain. It’s challenging to estimate pain and suffering compensation accurately. Your rear-end accident attorney will communicate with your medical team to document your injuries and degree of pain and mental anguish.
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How Long To Settle Your Rear-End Collision Claim?
Every serious injury victim has bills to pay and wants to understand when their case will settle. They also may need more money to work and be short of money.
Unfortunately, there’s no easy answer to when your case will settle. Every auto accident claim is unique. Some claims settle in a few weeks; others may take months or years. These factors may influence when your claim is resolved:
- Disputes over fault: If there is a dispute about fault for the rear-end collision, the claim will take longer to resolve. Hopefully, the other driver’s insurance company will take responsibility for the accident, speeding up the claim process. However, the other insurance company can deny liability, leading to extensive investigations to prove fault.
- Settling or going to trial: Most auto accident claims are settled because a settlement is less expensive and time-consuming than a trial. Strongly consider taking the best settlement offer your auto accident attorney negotiates. Doing so will get money in your hand faster than going to court.
- Willingness to cooperate: How willing is the other driver and their insurance company to cooperate? Some at-fault driver and their insurance company will accept fault and negotiate a fair settlement. But others may argue they weren’t at fault.
- Settlement demand: How much your auto accident attorney demands to settle the case also affects the timeline. Demanding the higher end of the compensation range for your injuries and losses may extend the timeline. Consider negotiating for less money if you want the claim to settle faster.
Should You Hire A Rear-End Car Accident Attorney?
You should usually retain a car accident attorney to help after a rear-end collision. Rear-end crashes can cause severe and sometimes deadly injuries, and the case value can be high. The insurance company is likely to fight a claim worth hundreds or millions of dollars. You should retain a seasoned rear-end accident attorney to assist.
For example, if you have head trauma, you may have hundreds of thousands in medical bills, future medical expenses, and lost income for years. You could be unable to work in your previous job. Most injury victims underestimate their case value, but your rear-end accident lawyer won’t.
Your car accident lawyer in California will accurately assess your claim’s value by communicating with your doctors, medical experts, and other authorities to understand your claim’s possible settlement value.
Don’t be worried about your attorney’s fees. Personal injury attorneys work by contingency agreement. So, they are paid a percentage of the cash you receive at the end of the case. Contingency fees usually range between 33 percent and 40 percent. Your attorney will be highly motivated to settle your claim fairly, with no out-of-pocket costs.
Frequent Rear-End Crash Myths
There are many myths online about rear-end accidents. The most common are:
Whiplash injuries are usually exaggerated
Many rear-end accident victims suffer whiplash, which occurs when the head whips back and forth in an accident. This injury damages the neck’s soft tissues, can be painful, and may restrict movement for weeks or months.
Some insurance companies are skeptical of whiplash injuries because the injury can’t be seen easily on imaging scans. Some adjusters think that accident victims exaggerate their whiplash injuries.
The truth is that most whiplash victims in rear-end crashes have real, painful injuries. Your personal injury attorney will communicate with your physician to document your injury and the pain level you experience. You can have disabling pain and limited motion from severe whiplash, and it can take months to heal. You deserve to be fully compensated for a severe whiplash injury.
You can see every rear-end crash injury
Many rear-end collisions lead to visible injuries: cuts, bruises, broken bones, abrasions, lacerations, etc. However, many injuries aren’t easy to see at first.
A common serious injury is a head injury or concussion. Some head injuries may be apparent immediately, but not necessarily. It may take hours or days for a head injury to become clear. You can have headaches, dizziness, or trouble concentrating. That’s why you should go to the doctor immediately after a rear-end accident to be looked over.
It’s okay to wait to report your rear-end collision injuries
No! You should always go to a doctor to be checked after a rear-end collision. The viability of your claim depends on showing that you have injuries connected to the accident. It’s always better to go to the doctor the same day to be looked at by a doctor. Delaying your medical care can damage your claim.
You can settle your own serious rear-end accident claim
Technically, this is true, but why would you? Do you want to go head-to-head with a skeptical insurance company that wants to lowball you and even deny your claim? Instead, you can retain a skilled auto accident lawyer to negotiate aggressively on your behalf. Your car accident lawyer in California will get you the compensation you are entitled to while you relax and heal.
Speak To A Rear-End Collision Attorney Now
Another driver slammed into your car from behind. You broke several bones and have head trauma, and your car is totaled. What should you do? First, get immediate medical attention, then speak to a rear-end collision attorney in a free legal consultation. An attorney will review the case, determine who is at fault, and determine your injuries and damages. You can receive compensation for a car accident lawsuit, so contact an attorney near you today.