What To Do if a Car Hits You From Behind?

Rear-end crashes are widespread in California and most states. The National Highway Traffic Safety Administration (NHTSA) states that rear-end accidents constitute 29 percent of all crashes in the US.

What should you do if another car hits you from behind? Speak to a rear-end accident attorney to understand your legal rights. You can receive compensation in a lawsuit if another driver’s negligence led to the accident. Keep reading to find out how a car accident lawyer in California can help do this for you.

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How to Deal With a Rear-End Collision?

Many rear-end collisions, even low-speed collisions, cause serious injuries, so see a medical professional immediately.

Rear-end collisions are common across the U.S. In heavy traffic in large cities, thousands of cars are bumper-to-bumper on the roads and interstates daily. People must react quickly in these situations. Sometimes, distraction, fatigue, and other factors may lead to the person hitting the other from behind.

You can receive compensation in a claim or lawsuit if another driver rear-ends you, but it depends on whether that person was at fault. You must prove fault in car accidents to the insurance company or jury to receive compensation.

Rear-End Collision Damages

A rear-end accident may cause traumatic and even fatal injuries, such as head trauma, spinal cord injuries, broken bones, cuts and lacerations, and internal injuries. You also may have whiplash and other soft tissue injuries in your back and joints.

Your attorney will strive to prove that another driver’s negligence caused your injuries. You can receive the following compensation:

Medical Expenses

Your medical bills can be exorbitant if you suffered a severe injury in a rear-end accident. You should receive payment for all current medical bills, including surgery, hospitalization, ER and ambulatory services, and doctor appointments.

A severe injury may require extensive future treatments so that you will receive payment for future medical care. A car accident attorney will speak to your medical team to understand your prognosis and future treatment needs. Your attorney may also contact medical experts to document your future expenses.

Lost Earnings

Any injury caused by another person in a rear-end accident may lead to lost earnings. You should get payment for all the earnings lost since the accident. Next, you may receive lost future earnings if your recovery is extensive.

A severe or permanent condition may involve lost earning capacity compensation. This compensation is for a severe injury that prevents you from working in your previous position. A car accident lawyer in California will retain economic and work experts to estimate what your lost income will be in the future.

Pain And Suffering

A rear-end crash may lead to severe pain and suffering from broken bones, nerve damage, soft tissue injuries, head trauma, etc. Your attorney will talk to your doctors to document your degree of pain and suffering and put a value on it.

Emotional Distress

You can be upset and depressed about your rear-end accident injuries. You should receive compensation for the emotional distress the crash causes you.

An attorney may talk to your mental healthcare professional to document your mental and emotional anguish related to injuries and treatments.

Liability In Rear-End Collisions

Generally, the rear driver is liable for damages in a rear-end crash, but exceptions exist. For example, if you were driving without functioning brake lights, you can be blamed for the accident. You can also be blamed if you brake-checked the driver behind you.

Another possibility in a rear-end collision is that a product defect caused the accident, such as a problem with the car brakes or tires. Sometimes, animal crossings cause rear-end accidents where the front driver slows suddenly. The rear driver may be intoxicated and unable to slow down in time.

Or, there can be a multi-car accident where several drivers hit the car in front of them. This complex legal situation requires a car accident attorney to determine who was at fault. In a multi-car rear-end accident, several drivers can be to blame.

To obtain compensation for your losses, you must prove that the other driver violated their duty of care and caused your injuries in the accident. There are laws in California and most states that can be used to assign blame to the other driver:

• Basic Speed Law: California has a law that states that no one should drive a motor vehicle at a higher speed than they should due to weather, visibility, and traffic. Generally, drivers may not drive at a speed that endangers others. Many rear-end crashes happen because drivers speed. The police may cite the rear driver for speeding, which will be useful in your claim. 
• Following Too Closely: California also has a law that states that motor vehicle drivers cannot follow other vehicles too closely. They must have ‘due regard’ for their vehicle’s speed and distance from the next. Tailgating is also a common reason for rear-end accidents that can lead to the rear driver being liable. 

Evidence To Prove Rear-End Accident Liability

Your personal injury attorney will help collect evidence to prove that the other driver’s negligence caused your accident.

Common evidence may prove the rear driver’s fault, including:

• Police report: The law enforcement report may cite the rear driver for following too closely or being distracted. This information can be useful during insurance negotiations. 
• Witness statements: Eyewitness testimony is often critical to proving negligence. Obtain eyewitness contact information after the accident because their statement can help prove your case. 
• Physical evidence: Damages to the vehicle and tire marks on the road may prove who caused the crash. 
• Surveillance video: There may be surveillance video from traffic cameras or local businesses that show the accident. Your auto accident attorney can obtain this footage to aid your case. 
• Cell phone records: Phone records can be useful if the other driver was distracted by a cell phone. Your attorney may obtain their cell phone records to prove they were texting and driving. 
• Photos and videos from the accident scene: Any photos and videos you took after the accident may help your attorney prove liability. Critically important are images that show the positions of vehicles and damages. 
• Expert testimony: A car accident attorney can retain an accident reconstruction professional to explain how the accident happened. 

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What Is a Rear-End Collision Worth? 

Let’s assume that the rear driver fell asleep and rear-ended you at a red light in southern California. You have whiplash and a concussion. What can you get for your claim?

Every car accident claim is different. Your attorney will review the case, injuries, and medical report to estimate a settlement value. Next, they will send a demand letter to the insurance company and attempt to negotiate a fair settlement.

Your rear-end accident settlement amount will depend on the following factors:

Injury Severity 

Whiplash and a concussion are substantial injuries. Your settlement will be higher if the injuries are more severe. A concussion can lead to serious issues that take months or years to treat. However, if you have a serious brain injury, the claim value rises dramatically.

Medical Bills

Medical care is expensive, and a rear-end crash with serious injuries can have hundreds of thousands in medical bills. Whiplash and a concussion can have potentially tens of thousands in medical bills, possibly more, depending on the concussion severity. Medical bills can be millions of dollars for a severe brain injury.

Lost Earnings

Someone with whiplash and concussion can lose a few weeks or months of work in some cases. A more serious concussion can mean more time out of work. You can be entitled to lost future income earning capacity if you have a severe injury preventing you from working. In that case, you can receive hundreds of thousands or more in lost-earning capacity compensation.

Insurance Availability 

Most drivers only carry minimal insurance, such as $30,000 for bodily injuries per accident. This small amount of coverage may not cover all of your damages. Obtaining more compensation for your claim can be challenging unless the driver owns many assets.

Property Damage

Was your vehicle totaled in the rear-end crash? You should recover compensation for its replacement, which would mean more. You would receive less money if you could fix your car.

How Does A Rear-Collision Attorney Help Your Case? 

Another driver hit you from behind. It’s obvious, so you can just call their insurance company, and they’ll pay your damages, right? Not necessarily!

First, proving liability in a car accident may be more complex. You need strong evidence that another driver’s negligence caused the crash. Obtaining the necessary proof can be difficult and time-consuming.

A car accident attorney is highly skilled in collecting evidence and proving insurance claims.

Second, the other driver’s insurance company isn’t there to help. They may sound concerned, but they don’t care about you. Their goal is to deny your claim or pay as little as possible. The insurance adjuster probably will offer too little compensation for your injuries and related damages.

Your auto accident attorney is adept at insurance negotiations and has a ballpark idea of your claim’s value. Most accident victims receive more money with an attorney’s help than without.

Third, your car accident lawyer in California is by your side if the insurance company refuses to pay you fairly. They can prepare your case for court and file a personal injury lawsuit.

Car accident victims are usually injured and stressed and don’t want to worry about legal and insurance headaches. They’re always relieved to have a skilled legal advocate in their corner to handle the claim or lawsuit.

You can talk to a car accident lawyer in your area today for free. They will review your claim and determine if there is a potential case. They aren’t paid unless you are, so they won’t take a case that wasn’t caused by another party’s negligence or wrongful act.

Speak to a Car Accident Attorney Today

Were you rear-ended and injured by another driver? You may be unable to work or pay your bills. Retain a car accident lawyer in California today to review your case and hold the other party accountable. You can receive money for lost earnings, current and future medical expenses, and pain and suffering.+

If you are worried about out-of-pocket legal expenses, don’t. Personal injury attorneys don’t have high hourly rates and retainers. Rather, you pay your auto accident attorney through a contingency agreement. You don’t pay them a fee if the case doesn’t succeed, so there’s nothing to lose.

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