Rear-end collisions are some of the most common types of car accidents on the road. They occur when one vehicle crashes into the back of another, often leading to property damage, injuries, and financial challenges for the parties involved.
Understanding who is financially responsible for these accidents can be complex, as liability depends on the circumstances of each case. Fortunately, an Athens car accident attorney can investigate your case to determine fault, ensuring you can obtain the financial recovery you need.
Common Causes of Rear-End Accidents
Rear-end collisions typically occur due to driver error, though external factors can also play a role.
Common causes of rear-ends include:
Distracted Driving
Distractions are always present while driving, but it’s up to drivers to avoid these common distractions and keep their attention on the task at hand. Drivers who text, eat, or otherwise drive distracted often fail to notice that the vehicle in front of them has slowed down or stopped.
Tailgating
Tailgating occurs when a driver leaves too little space between their car and the one in front. In many states, you cannot follow another vehicle more closely than reasonable. Tailgating significantly reduces the time and distance a driver has to react to sudden stops, often resulting in unnecessary accidents.
Speeding
Excessive speed decreases a driver’s ability to stop in time, especially in high-traffic areas. Driving faster than the posted speed limit has several consequences, including an increased likelihood of accidents, a higher potential for loss of vehicle control, and a decrease in the effectiveness of safety features like airbags.
Weather Conditions
Rain, snow, or ice can make roads slippery and increase stopping distances, making rear-end collisions more likely. This is particularly the case when drivers engage in negligent driving behaviors during inclement weather, such as speeding and reckless driving.
Brake Checking
Brake checking is the act of intentionally and abruptly hitting the brakes to surprise or intimidate the rear driver. It is often done in situations of road rage, tailgating, or frustration with another driver. Brake checking increases the chances of rear-end collisions, reducing reaction time and leaving little room to stop safely.
Mechanical Issues
When a vehicle has a mechanical issue, such as brake failure or steering defects, a driver may have difficulty maintaining control over it.
Driving Under the Influence
Driving under the influence of alcohol and drugs is illegal, as it can put the driver and others at risk. Impaired drivers have slower reaction times and poor judgment, increasing the risk of rear-end accidents.
Injuries Often Resulting from Rear-End Collisions
Rear-end collisions can cause various injuries, ranging from minor to severe. These injuries often depend on the speed at impact and whether safety measures were in place.
Common injuries include:
- Whiplash: This is the most common injury in rear-end collisions. It occurs when the neck snaps back and forth rapidly, leading to soft tissue damage.
- Back injuries: The impact can strain or injure the spinal discs, leading to herniated discs, chronic pain, or mobility issues.
- Head injuries: Occupants can hit their heads on the steering wheel, dashboard, or headrest, potentially causing concussions or traumatic brain injuries (TBIs).
- Broken bones: The arms, wrists, and ribs are particularly vulnerable during a rear-end collision.
- Facial injuries: Airbag deployment or contact with hard surfaces can cause cuts, bruises, or fractures on the face.
Along with physical injuries, many victims face mental and emotional trauma as well. Victims of car accidents may develop anxiety, depression, and even PTSD following a crash, further hindering their recovery.
A rear-end collision injury may require costly, extensive medical care. This is one of the many reasons to pursue compensation from liable parties.
Liability for Rear-End Accidents – Who Pays?
In most rear-end collisions, the driver of the trailing vehicle is presumed to be at fault. This is because drivers must maintain a safe following distance and remain attentive. However, liability can depend on other factors.
In general, the party that causes the accident must pay for it. When more than one party’s wrongdoing contributes to a crash, they can share liability.
The following parties are most commonly found at fault for rear-end collisions:
Trailing Driver
In most cases, the driver who rear-ends another vehicle is liable due to negligence, such as distracted driving or speeding.
Lead Driver
The lead driver may be liable if they engaged in reckless behavior, such as:
- Suddenly slamming on the brakes without cause
- Driving with non-functioning brake lights
- Reversing into another vehicle
Holding the lead driver liable can require a lawyer.
Third Parties
Sometimes, another party may share liability for a rear-end, including:
- Vehicle manufacturers: You can hold manufacturers (and others responsible for a product, like retailers) liable if a defect or malfunction caused an accident.
- Maintenance companies: If improper vehicle maintenance contributed to a crash, you can hold the maintenance provider at fault.
- Municipalities: You can hold municipalities or governmental entities at fault if hazardous road conditions cause a rear-end collision.
A car accident attorney can thoroughly investigate your accident to ensure no party that contributed to your accident escapes liability.
Insurance and Financial Responsibility
In many cases, the at-fault party will not pay your damages out of their own pocket. Instead, the liable party’s insurance company is generally responsible for compensating victims.
Most states follow one of two systems for car accidents:
- Fault-based system: The at-fault driver’s insurance pays for damages. You can file a third-party claim through the liable driver’s insurer in a fault state.
- No-fault system: Each driver’s insurance covers their own damages, regardless of fault, although severe injuries may allow for claims against the at-fault driver.
You need a lawyer to determine who caused your rear-end accident. Based on this information, your lawyer can figure out how to pursue compensation for your injuries and losses.
Seeking Financial Recovery After a Rear-End Accident
Victims of rear-end collisions may have several avenues to seek compensation, depending on the circumstances, including the severity of their injuries and the applicable state laws. Usually, victims can file an insurance claim, a lawsuit, or, in some cases, both.
Filing an Insurance Claim
Victims can often start by filing an insurance claim through the at-fault party’s insurer or their own.
When you file your claim, the insurance company assigns an adjuster. The adjuster handles your claim, including investigating the accident and determining whether to approve or deny the claim.
Once the adjuster has investigated your accident, if they approve your claim, they’ll provide a settlement offer. Often, claimants must engage in negotiations, as initial offers may be insufficient to cover all damages.
If you cannot settle your insurance claim, or the insurance company has decided to deny your viable claim, you may have additional options, including filing a lawsuit.
Filing a Lawsuit
Under certain circumstances, you may file a personal injury lawsuit, including:
- When the insurance company is unwilling to fairly settle your claim (or denies your claim)
- When the at-fault party is uninsured
- When your damages far exceed the compensation you can obtain from the insurance company
Filing a lawsuit can take time but can result in a fair financial recovery. A lawyer can take on all case-related tasks and represent your best interests to get you the best case result, whether in or out of the courtroom.
Types of Damages Victims Can Claim
The damages you receive depend on the specifics of your accident and resulting losses. Generally, victims may recover economic and non-economic damages.
Economic Damages
Economic damages refer to tangible, monetary damages. They include:
- Past and future medical expenses: Compensation for emergency care, hospital visits, surgeries, physical therapy, and ongoing treatment.
- Lost earnings: If your injuries cause you to miss time at work, you can pursue compensation for lost earnings.
- Property damage: Compensation for the repairs or replacement of your vehicle and other personal property damaged in the crash.
These damages are often easier to prove, as evidence is more readily available.
Non-Economic Damages
Non-economic damages, on the other hand, represent your intangible damages. They may include:
- Pain and suffering: Compensation for the physical pain and emotional trauma caused by your collision.
- Loss of enjoyment of life: If you cannot participate in activities you once enjoyed, you can pursue compensation for this loss.
- Disability: Damages for any disabilities caused by your accident-related injuries.
Because non-economic damages are non-monetary, they can be more challenging to prove. Your car accident lawyer can gather additional evidence to substantiate these losses.
Punitive Damages
Courts may award punitive damages in some special cases, particularly those involving gross negligence, maliciousness, and intentional action. Instead of compensating victims, these damages punish defendants for wrongdoing and deter future actors.
How a Car Accident Attorney Can Help You Secure Compensation After a Rear-End Collision
After a rear-end collision, feeling overwhelmed, confused, and stressed is normal. Not only does the crash leave you to deal with your physical injuries and emotional trauma, but also the mounting bills and financial losses.
In these situations, you should not have to manage the added burden of a compensation claim. Fortunately, legal help is available.
When you hire a personal injury attorney, among the many benefits, they can substantially aid in securing the monetary recovery you need and deserve.
While handling your claim, a lawyer can:
- Determine liability: Attorneys conduct thorough investigations, gather evidence, and identify all liable parties to ensure all responsible parties are held accountable for their wrongdoing.
- Handle insurance negotiations: Insurance companies often attempt to minimize payouts. A lawyer can negotiate to ensure your damages are adequately covered.
- File legal documents: Attorneys handle the paperwork required for claims or lawsuits, ensuring compliance with deadlines and legal standards.
- Calculate damages: Accurately assessing economic and non-economic damages is necessary to securing sufficient compensation. A lawyer can consider all factors that impact your claim, including the severity of your injuries and future medical needs, ensuring you have the financial resources necessary to move on with your life.
- Provide representation in court: When insurance companies are not willing to settle fairly, an attorney won’t back down from a legal battle. If your case goes to court, they can argue it before a judge or jury and represent your best interests until the end.
Victims with legal representation reach much better case outcomes than those that go unrepresented. Hiring a car accident lawyer means putting yourself in the best possible position to secure the financial recovery you’re entitled to.
Legal Representation Can Assist You In Obtaining the Financial Recovery You Deserve
There are many important details to consider after a rear-end collision, including who is liable, as this dictates who pays for your damages. Determining liability in a rear-end accident can be especially tricky, requiring the skill of an experienced personal injury lawyer.
If you or a loved one has suffered an injury in a rear end collision, it can be overwhelming, but you don't have to face it alone. By seeking legal representation, you can have peace of mind knowing that your case is in capable hands, and that someone is fighting for your rights and your future.
Hiring a car accident lawyer can make a significant difference for your case. With their comprehensive understanding of injury law, your attorney can negotiate with insurance companies and pursue the compensation you deserve. As soon as possible, consult a local car accident attorney to take the first step toward financial recovery and your future.