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Rear End Collisions
I am able to assist victims who have been rear-ended in automobile accidents. California is the state with the highest number of rear-end collisions. Speeding, tailgating, and drunk driving are common causes of rear-end auto accidents. Whiplash, head injuries, and back injuries are all common injuries in this type of accident.
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In these cases, the at-fault party is usually a driver who negligently hits the car ahead of him. If you have been hurt in a rear-end crash in Los Angeles, I can pursue compensation on your behalf.
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Besides handling treatment for accident injuries, personal injury lawyers can also collect evidence to support a lawsuit and file accident claims with the insurance companies of the at-fault party.
Common Injuries From Rear-End Car Accidents
There are several types of car accidents that occur every day in California. In California, however, rear-end collisions account for most traffic accidents, according to the National Highway Traffic Safety Administration (NHTSA). In Los Angeles, these collisions are also responsible for many deaths.
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A rear-end accident is commonly caused by tailgating, distracted driving, speeding, driving while intoxicated, and poor weather conditions. In these motor vehicle cases, the types of injuries will vary. A common injury is whiplash or another neck injury, traumatic brain injury, back injury, broken bone, or laceration.
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A rear-end collision can sometimes be caused by an injured driver. Drivers driving too slowly for conditions may have a rear-end auto accident. Under California law and comparative negligence rules, the payout for injury victims in such cases can still be fair, but the compensation will be reduced.
Common Defendants in Rear-End Collisions
People who are involved in rear-end collisions often file lawsuits against the motorist who was following them or driving behind them. A Los Angeles car accident attorney can file a lawsuit on behalf of a client. A plaintiff or claimant who can prove the negligent conduct of the driver behind them is likely to succeed. Negligent driving occurs when a driver fails to act as a reasonably careful driver would in a similar situation.
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In the event that a driver successfully proves negligence, he/she may receive compensation for medical bills, medical expenses, lost wages, lost earning capacity, damage to property, and pain and suffering.
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The family of a driver who died in a rear-end collision may sue the negligent driver that caused the crash for wrongful death. Among the damages that can be awarded are burial and funeral expenses, income that would have been earned by the deceased, and compensation for the loss of companionship and support provided by the deceased.
The Role of a Personal Injury Lawyer
Lawyers for car accidents provide several important services to their clients. In order to learn the details of a case and the extent of a victim's injuries, they interview the victim. An attorney can handle the ongoing medical care and treatment of a person who has suffered severe injuries.
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An attorney in Los Angeles can help gather evidence and determine who is responsible in a car accident case. Lawyers can also appoint experts to help them understand this evidence and explain it to a judge or jury.
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An attorney can file a personal injury claim with an insurer in cases where an at-fault driver is covered by an insurance policy, and negotiate the claim with the insurer. An attorney can file a lawsuit on behalf of a client if a claim proves unsuccessful. Attorneys often assist clients in understanding how California law works when pursuing a case.
Benefits Of A Rear-End Collision Attorney
A personal injury attorney can help clients receive the maximum settlement possible for their injuries. Insurers and negligent parties do not back down to a skilled attorney who knows the value of a case.
In addition to finding hidden value in a case, rear-end collision lawyers in Los Angeles pursue favorable verdicts for their clients in order to maximize compensation.
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Injured people can focus on healing while their car accident attorneys handle all of the complexities involved in the case.
You are generally entitled to a free case evaluation from most injury lawyers. Therefore, victims are able to learn about the legal issues within their case for free. All client communications are protected by the attorney-client relationship. Lawyers are not allowed to share client information without the client's consent.
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Accidents involving rear-end collisions are not always the fault of the rear driver. The driver in the rear is not always at fault when a rear-end collision occurs. In a rear-end collision, liability does not always go to the lead driver and another vehicle may be liable for the injured drivers' damages.
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A lead driver may be at fault for a rear-end accident if the lead driver was negligent or driving recklessly, such as reversing into the rear car; driving while drunk; trying to hit someone deliberately; or driving with broken brake lights.
A negligent driver who causes an accident may be liable for damages to the other driver and passengers in a personal injury lawsuit.
Establishing Fault For Rear-end Collisions
A rear-end accident is usually the fault of the rear driver. In most rear-end collisions, the rear driver is not at fault. Rear-end accidents may be caused by the driver of the lead vehicle or another vehicle.
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It is crucial to identify who is at fault in a car accident in order to determine who is responsible for paying for the other driver's injuries. To prove liability, you must determine whether a driver was negligent and what percentage of the accident was caused by the driver's negligence.
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The act of driving negligently can be demonstrated by failing to drive with care or by violating a traffic law or rule, such as texting while driving, distracted driving, speeding, or tailgating. An injured plaintiff can collect compensation for his or her injuries through a personal injury lawsuit. Accidents involving rear-end collisions may result in injuries to the drivers and passengers. The injured party may be entitled to recover medical bills, lost wages, lost earning, pain and suffering, car repair costs, loss of consortium, and survivor damages for wrongful death.
Automatic Fault Established
It is not always the other driver's fault in a rear-end accident. Although the rear driver is often to blame for following too closely or being distracted, the first driver can also be at fault. The rear-end collision may also have been caused by another vehicle, a pedestrian, or even road conditions.
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Negligence is usually to blame in car accidents. Any damages or injuries caused by negligence are the responsibility of the negligent party. Any injured driver or passenger in a rear-end traffic collision is liable to the negligent driver.
The injury victim must generally prove that the defendant was negligent in order to recover damages after an injury accident. A negligence claim requires that the defendant owed the victim a duty of care; that the defendant breached that duty of care through negligence; and that the defendant's negligence caused the victim's injury or death.
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As a driver, you must use reasonable caution when driving, be aware of pedestrians, obstacles and other vehicles, and control your speed and movement. Failure to follow these guidelines is considered negligence.
At Fault
The rear driver of a car usually causes a rear-end accident when they follow too closely for road conditions or do not leave enough space to safely stop. An accident involving a rear-end collision may also be the fault of the lead driver. Lead drivers are liable for any damages if they fail to use reasonable care while driving.
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A driver could be negligent in a rear-end accident by pulling out in front of another car, braking suddenly, reversing into a car, fighting with another driver, driving drunk, or driving with broken brake lights.
Suddenly Braking
Drivers who brake suddenly are more likely to cause rear-end accidents, which result in the other vehicle hitting the rear. Even though the rear driver may blame the front driver for braking suddenly, the accident may still have been caused by the rear driver.
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According to California's traffic laws, drivers must leave enough space for cars ahead to stop in case of an emergency. According to California Vehicle Code 21703, “the driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicle and the traffic upon, and the condition of, the roadway.”
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A specific safe following distance does not exist. The safe following distance will be affected by the road conditions at the time. When driving at night, on wet roads, with heavy vehicles, in stop-and-go traffic, on loose gravel, or when braking softly, the following distance might need to be adjusted.
Drivers who are distracted can also cause rear-end collisions if they are following too closely. There is a possibility that the rear driver was not paying attention to the road at the time the lead driver braked suddenly. A driver may discover that the car in front has slowed or stopped suddenly when they look up.
Distracted Driving and Sudden Braking
Distracted driving is increasingly caused by mobile phones. In reality, distracted driving may include anything that diverts a driver from their surroundings, such as changing the radio, looking at maps, mapping directions, putting on makeup or shaving, eating while driving, reading the newspaper, watching a video, adjusting the seat or steering wheel, or lighting a cigarette.
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The rear driver may be considered negligent if he/she failed to maintain a safe following distance, was speeding, or was distracted while driving. In any case, the driver in front could have driven negligently and contributed to the accident, or at least partially contributed to the accident. If the lead driver slammed on the brakes recklessly because of road rage, or slammed on the brakes intentionally to get hit for insurance fraud, the lead driver may be at fault for causing a rear-end collision.
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The cause of a hit and run is complicated when a driver suddenly pulls out in front of another vehicle. An accident could be caused by a driver who pulls out suddenly or one who fails to stop in time. Several factors affect the likelihood of the accident occurring, including vehicle speed, weather conditions, failure to signal for turns and lane changes, traffic signals, and lane markings.
A rear driver may be at fault for an accident if the rear driver is not driving cautiously, including speeding. It is possible for the driver who was rear-ended to be responsible for an accident if another driver pulled into moving traffic across multiple lanes, didn't signal, or crossed a solid yellow line, which is a violation of Vehicle Code 22107.
Left Turns, U-Turns, and Right-of-Way
An illegal U-turn or turning left in front of oncoming traffic could also cause a rear-end collision (a violation of the Vehicle Code 22100.5). When attempting a left turn or a U-turn in California, it is the driver's responsibility to yield the right-of-way to vehicles going the opposite way until the turn can be made safely.
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Making a left turn requires the driver to make sure there are no oncoming vehicles close enough to be considered a hazard before crossing traffic, including making a U-turn. The turning driver may be negligent if they don't yield to oncoming traffic and cause the accident involving the motorist.
Multiple Vehicles Involved
Multi-car rear-end accidents are common. There are also collisions that cause a "chain reaction" where one car hits another, which then hits the first car, and so forth. When multiple vehicles are involved in an accident, the cars that initially got into the accident have often attributed the damage. Nonetheless, multiple drivers may be responsible for a multi-car accident.
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It is possible that a rear-end accident could result in liability between both drivers. Typical causes of rear-end accidents include another reckless driver, vehicle brake manufacturers, hazardous road conditions, a dog running off the leash into the street, and cyclists or pedestrians. When multiple parties are involved in a rear-end accident, it is often hard to determine who is at fault. There might be conflicting accounts of what occurred and who was at fault. In motor vehicle accident lawsuits, liability and negligence are usually determined by a jury.
Damages in a Rear-End Collision
Accidental costs or losses are included in the damages in a rear-end collision. Economic compensation is included as well as noneconomic compensation. Medical bills, emergency room treatment, physical and occupational therapy, prescriptions, medical supplies, lost wages, lost earning capacity, loss of consortium, disfigurement, scarring, and pain and suffering are all examples of compensatory damages in auto accidents.
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If criminal conduct or reckless driving caused the accident (such as a DUI that caused injury), the plaintiff may also be entitled to punitive damages.
Wrongful Death From Rear-End Collision
The surviving family members of a person killed in a rear-end collision may have a right to file a claim under California's wrongful death laws. In the case of wrongful death, a spouse or domestic partner can recover damages from the negligent person who caused the death.
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A wrongful death lawsuit may include damages for burial costs, lost earnings, and compensation for the victim's loss of companionship, affection, and support. Spouses and other members of the family can seek damages through a wrongful death lawsuit in California; families of a decedent; children; grandchildren; or any other person who would be entitled to inherit the property under the California intestate succession laws.
Partially at Fault
California is considered a "comparative fault" state. In other words, even if you were partially at fault for the accident, you may be able to recover damages. Due to California's "comparative fault" law, the fault of each party can be divided. Depending on the degree of fault of the other parties, the injured party may be able to recover damages.
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If two drivers collided at the rear, the jury could decide liability if two drivers were involved. As a result of the accident, the jury finds Driver A to be 40% at fault and Driver B to be 60% at fault. Driver A could recover 80% of the damages from Driver B, based on comparative fault.
Victim of Rear-End Collision
The majority of drivers believe they can handle an accident claim on their own, or they trust their auto insurer. The role of the insurance adjuster are important to remember. Insurers are interested in saving money and paying out as little as possible.
If the insurance company denies the claim or keeps delaying a settlement, the injured driver may just give in and take what they are offered. Consult an experienced California personal injury attorney instead of accepting the insurance company's low-ball settlement offer.
Lawyers for rear-end collision accidents know how to deal with insurance companies and fight back. Depending on the circumstances of your case, our network of California personal injury lawyers, car accident investigators, and medical experts will uncover all the evidence you need to get the compensation you are owed following your accident.
Rear-Ended By An Uninsured Driver
Underinsured and uninsured motorist (UMC/UIM) coverage is an optional coverage that pays when a driver who is at fault for an accident does not have auto insurance or the driver's insurance does not provide adequate coverage.
Insurers must offer UMC/UIM policies, but drivers do not have to purchase uninsured driver coverage.
In California, drivers are required to maintain a minimum level of insurance coverage, which includes $15,000 of liability coverage for injury/death to one person, $30,000 for injury/death to more than one person, and $5,000 of property damage coverage.
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A rear-end collision may not be covered by insurance even if a driver has liability insurance. A driver who is injured in a serious accident may be able to make a claim under his or her UMC/UIM policy to recover damages in excess of another driver's coverage.
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In the absence of UMC/UIM insurance, an injured party may be limited in what damages they can recover. A personal injury claim could be filed by the victims against the at-fault driver. When the at-fault driver does not have insurance, there is a low probability that he or she has assets capable of covering the damages.