Rear End Accident Attorneys
Rear End Accident Attorneys
Rear End Accident Attorneys
Our car accident attorneys provide free consultations to determine if you could recover compensation for your injuries from the at-fault driver.
What is a rear end collision?
A rear end collision occurs when a vehicle crashes into another vehicle from behind. This causes the vehicle that is positioned in the front to be pushed forward.
What happens to your body in a rear end collision?
When the vehicle is pushed forward, the driver suffers whiplash while the head is pushed forward and backward. Rear end collisions almost always cause back injuries and head injuries. Oftentimes, these injuries could cause permanent disability and pain. If you or a loved one have been injured in a rear end collision, you have the right to seek compensation from the liable party. Rear end collisions cause victims to suffer anxiety, especially because they did not see the vehicle behind them coming towards them. We understand how stressful it may be, and we’ll be with you every step of the way as we guide you through the legal process.
What type of compensation could I receive from a rear end collision lawsuit?
Different types of compensation you could receive from a rear end collision include:
- Medical bills due
- Physical rehabilitation bills
- Prescription medication bills
- Past lost wages
- Future lost wages
- Permanent disability
- Temporary disability
- Emotional distress
Who determines fault in a rear-end accident?
Usually, insurance company adjusters will determine who is at fault in a car accident. This is determined by looking at the circumstances of the accident, including police reports and property damage. When insurance adjusters determine fault, they categorize the fault with a percentage. Depending on the percentage, you may have the right to file a lawsuit against the at fault party.
California Negligence Laws
California has adopted a pure comparative negligence statute, which means that a plaintiff could still recover compensation from the odd fault party even if they are partially at fault. This means that even if the plaintiff is at fault 99% for their injuries, they could still collect 1% of their damages from the other at-fault driver.
What causes rear-end collisions?
- Distracted driving: examples of distracted driving include talking and texting while driving, and eating while driving. This takes the driver’s focus off from the roads.
- Tailgating: driving very closely to the vehicle in front may not give the driver enough space when braking.
- Weather conditions: rain and snow on roads could cause vehicles to slip and drivers to lose control of their vehicles.
- Unpaved roads: potholes on roads could cause the driver to lose control of the vehicle, slamming into the car in front of them.
- Speeding: driving above the speed limit will not give the driver ample time to stop.
Rear End Collision to a Parked Car
Rear-ending a parked car that has stopped could cause severe injuries compared to rear-ending a moving vehicle. Both circumstances are referred to as rear-end collisions.
Rear End Collision Injuries
Examples of rear end collision injuries include:
- Neck injuries
- Head injuries
- Traumatic brain injuries
- Back injuries
- Spinal cord injuries
Who is liable in a rear end collision?
Rear end collisions can be difficult when determining liability. That is why it is important to gather as much evidence as possible regarding the circumstances of the accident in order to determine who is at fault. For example, a car that abruptly stops in the middle of the road for no valid reason could cause a rear end collision with the car behind them. In this case, both drivers could be held personally liable. Usually, many think that the back car that hits the car in front of them is the one that is liable, but it differs depending on the circumstances. Being parked illegally on the side of the street could also cause rear-end collisions with oncoming vehicles.
What is my rear end collision lawsuit worth?
No attorney could give you a clear straightforward answer as to what your case is worth without listening to all of the facts of the case. Different factors that our attorneys take into account include:
- The age of the parties involved
- The fault of the parties involved
- The injuries the plaintiffs suffered
- The medical costs to treat those injuries
Filing a Rear End Collision Lawsuit
When filing a lawsuit against a defendant, the plaintiff has to show that the defendant was negligent when driving. In order to prove negligence, the plaintiff’s attorney will have to show:
- The defendant had a duty to the plaintiff to drive in a reasonably safe manner
- The defendant failed to act within that duty when they drove negligently and rear ended the plaintiff
- The defendant’s actions caused the plaintiff to suffer an injury
- The plaintiffs suffered actual injuries
Other than proving negligence, plaintiffs could file a negligence per se action. Negligence per se is a legal theory that shows that the defendants violated a law, and the harm that occurred is the harm that the law is generally meant to prevent. California laws that deal with rear end collisions include:
- California speeding laws: California vehicle code 21350 addresses the speed limits that drivers must adhere to. Speed limits are determined by the condition of the roads, along with the businesses and / or homes nearby. No driver should drive above the reasonable speed limit.
- California tailgating laws: California vehicle code 21703 addresses tailgating and makes it illegal to follow a vehicle from behind very closely, especially during traffic.
Why should you hire our rear-end accident attorneys?
- Our attorneys have decades of experience dealing with insurance companies. Insurance companies and adjusters would want to downplay liability as much as possible, trying to find excuses for not paying the full amount of coverage. Oftentimes, insurance companies may even resort to bad faith when they deny paying the injured victim. It is important to have an experienced car accident attorney on your side to deal with the insurance companies, communicate with insurance companies, and potentially go to trial if no settlement agreement is reached.
- Our accident attorneys work on a contingency basis, which means that you do not have to pay any fees unless we win in your favor.
- Our car accident attorneys provide a free case evaluation to determine the merits of your claim and what type of compensation you could potentially receive.
Who is at fault in a rear end collision?
There are a variety of different factors that our attorneys may use to determine who is at fault in a rear-end accident. Examples of evidence that we gather include:
- Police reports: police reports are drafted by police officers when they arrive at the scene. Usually, police reports are available one to two weeks after a car accident.
- Witnesses: witnesses may provide their own statements describing how the accident occurred.
- Photos: photos of the accident scene, along with photos of the property damage are important in determining fault and liability.
- Experts: our attorneys have connections with top legal experts and accident reconstructionist that could determine liability in a rear end collision.
- Medical records: medical records may provide insight as to what injuries the party suffered and how much compensation the plaintiff could receive.
When should I file my rear end collision injury lawsuit in California?
California has a statute of limitations law that determines the time limit someone has when filing a lawsuit. There are different time limits depending on the circumstances of the case. If you are involved in a rear-end collision, you have two years from the date of the collision to file the lawsuit for damages. If the time limit passes and you fail to file a lawsuit, you may lose the right to sue for compensation.
We advise that you contact an experienced personal injury attorney immediately after being involved in a car accident. Our car accident attorneys will be able to timely file paperwork in your favor.
Contact our car accident attorneys to request a free consultation today. During this consultation, our attorneys will give you a better idea as to the amount of compensation you can recover, along with the liability of the other party.