Rear-Ended: Accident Liability and Compensation

Rear-end collisions are common, and fault is usually (but not always) straightforward, but what about proving injury?

rear-end collisions are the most common type of car accident, making up approximately 30 percentage of all traffic accidents every year, according to the National Highway Traffic Safety Administration ( NHTSA ). here ‘s what to know :

  • Phone use (and distracted driving in general) is behind many rear-end car accidents.
  • The tailing driver is almost always at fault for a rear-end crash.
  • For the leading driver, vehicle damage claims are usually straighforward, but injury claims can be a challenge if “whiplash”-like soft tissue injuries are the extent of the diagnosis.

Determining Liability for a Rear-End Accident

possibly the incidence of rear-end crashes comes angstrom little surprise, given the preponderance of smart phones, GPS units, and other devices that are within arm ‘s reach of most drivers. There can be little doubt that distracted driving is behind many of these accidents .
But whatever the cause, when it comes to fault for a car accident, it normally does n’t get more square than a rear-end crash. Except in a limited count of situations, the driver who rear-ends another vehicle is about constantly going to be found negligent, and therefore at fault for the car accident. There are a few rare instances where the head vehicle bears some degree of indebtedness for a rear-end collision, such as :

  • “brake-checking” the tailing driver (slamming on the brakes without a valid reason)
  • reversing suddenly
  • continuing to drive with a mechanical problem or flat tire and not using hazard lights or pulling over, and
  • not repairing a broken brake light or other faulty equipment.

Absent one of these scenarios ( or a exchangeable matchless ), the determination of accident liability is straightforward, and one of the two major legal issues in a car accident case is promptly resolved. The second remain return is calculating damages. This is where things can get slippery, specially when it comes to injury recompense .

Obtaining Compensation for Losses After a Rear-End Car Accident

Getting compensation for vehicle damage after a rear-end car accident is normally uneventful. Since everyone will typically agree on indebtedness, and price to the fomite is a fairly objective determination, most policy companies will quickly pay a rear-end accident victim ‘s vehicle wrong claim. Learn more about cable car accident repair options and indemnity handiness .
On the other hand, getting recompense for injuries can be the most frustrating and complicated separate of a car policy injury claim or personal wound lawsuit after a rear-end collision. This is because one of the most common injuries from a rise end collision is alleged “ whiplash. ”

Whiplash-Type Injuries

“ whip ” is a common neck injury that results from rear-end collisions. When a driver is rear-end, it can cause the head to whip backward, causing injuries to the neck, shoulders, and upper back .
much, these are piano issue injuries, normally in the form of strains and sprains to the muscles and tendons in the neck. delicate weave injuries are notoriously unmanageable to prove and quantify. Unlike a lacerate muscleman, broken bone, or boldness damage, it ‘s not always comfortable to identify a deform or twist injury. And tied when strains and sprains are discernible in medical tests, such as an MRI ( magnetic resonance imaging ), it ‘s heavily to prove the extent of the injury. much of the time, the primary measuring stick of the whip wound will be subjective complaints of pain and discomfort, such as headaches, neck pain, blurred vision, shoulder and back pain, and trouble concentrate. But impingement on a claimant ‘s life can be significant with whip injures ( and that impact is a compensable separate of “ pain and suffering “ in a car accident injury claim ).

What does this all mean ? unfortunately, it means that drivers who have been rear-ended have the opportunity to exaggerate their injuries. It besides means car indemnity adjusters are going to be disbelieving of claim whip injuries .

Don’t Call It “Whiplash”

This incredulity has gotten so bad that many personal injury attorneys do n’t use the term “ whip, ” due to its negative connotations. rather, when referring to whiplash-type injuries, attorneys will call them cervical strains and sprains or myofascial injuries alternatively. Learn more about making an injury claim for whip after a cable car accident and preserving your properly to recompense after a car accident .

Getting Help After a Rear-End Crash

If you ‘ve been injured in a rear-and fomite accident, having an feel legal professional on your side can make a big remainder in getting a favorable result. particularly if your injuries are of the soft tissue kind, but they ‘re having a boastful impingement on your biography, it might be time to hire a car accident lawyer .

Leave a Reply

Your email address will not be published. Required fields are marked *