after being rear ended, when is it necessary to retain an attorney

Legal counsel isn’t always necessary after being rear-ended, but specific circumstances can make a seemingly straightforward claim a complicated matter. An experienced car accident attorney has the knowledge and qualifications to protect your interests after a rear-end crash.

Full Answer

What happens to your back when you're rear ended?

The body snaps back against the seat thanks to the seatbelt. The skull and spine are quickly forced back into the seat. Because nobody in the car is bracing for an accident, the motion is even more violent. As a result, many rear-end collisions lead to internal, soft tissue, and spine injuries.

Is it always my fault if I rear ended someone?

The rear driver in a rear-end collision is not always at fault for the accident. Liability in a rear-end collision is not automatic and sometimes the lead driver or another vehicle is liable for the injured drivers' damages.

Is it worse to be rear ended while stopped?

But even a minor wreck at slow speeds can cause severe damage. Rear-end collisions are typically more dangerous for the rear-ended driver than for the rear driver who hits them. This is especially true in situations like John's, when the front car is sitting still, and the rear vehicle is moving.

Whose fault is it if I was hit from behind?

The party who is most often at fault in a rear-end collision is the driver at the back of a collision. A rear-end collision could occur because the following driver did not leave enough space between their car and the car in front.

Am I at fault if I hit a car in front of me because he slammed on his brakes very suddenly?

Despite how unpredictably the driver or car in front of you slammed on their brakes, it is your liability as a driver not to hit him. As a matter of fact, the driver in front is responding to something in front of him.

How long are you sore after being rear-ended?

It is not unusual for soreness to linger for up to six weeks following a car accident. Normal pain after a car accident often includes minor soreness.

Do airbags deploy when rear-ended?

Airbags are not likely to deploy in a rear end collision because the crash sensors are usually only fitted onto the front and sides of the vehicle. This is because regular airbags are designed to keep occupants from hitting the dashboard during a collision, and this doesn't happen when the car gets rear ended.

What should I do if my back hurts after a car accident?

4 Ways to Manage Back Pain After a Car AccidentRest, Ice, and Heat. Rest is vital for the healing of your back injury. ... Painkillers. Over-the-counter painkillers such as ibuprofen will help to reduce inflammation. ... Gentle Exercise. ... Massage Therapy.

Who is at fault in a rear-end collision in NC?

In rear-end collisions in North Carolina, it is usually the driver of the vehicle who rear-ended the other car who is at fault. However, this is not always the case. In some cases, the driver in the front may be responsible for the accident.

Who is at fault in a rear-end collision in Florida?

Every rear-end collision is unique, but in most cases Florida law finds that the driver who hits the other vehicle is liable for the crash. If you have been involved in a rear-end collision in Florida it's best to contact a injury attorney to examine your case and help you determine if you have a valid claim.

Who is at fault in a rear-end collision Nevada?

Certainly, the majority of rear-end fender benders are the fault of the back driver. Typical reasons for these accidents include: the Nevada traffic offense of tailgating (NRS 484B.

Who is at fault in a rear-end collision in Texas?

If you are involved in a rear-end collision in Texas, you are not automatically at fault for the accident. In fact, you should ignore the erroneous belief held by most drivers that if you hit someone from behind in Texas, you will be automatically held responsible for the wreck.

Who Is At Fault In a Rear-End Collision?

If you live in an at-fault state, determining who was responsible for the accident is crucial. In the majority of cases, the driver who rear-ended you will be deemed at fault for the accident. This is because cars are required by law to keep a safe following distance from the cars in front of them. Even if you had to slam on your brakes, the driver behind you should be driving far enough behind you to make a safe stop.

How Do You File A Rear-End Collision Insurance Claim?

Regardless of whether or not you choose to seek out the help of a car accident lawyer, you will need to file a claim with the at-fault driver’s insurance.

How Can You Be Sure Whether You Need an Accident Lawyer?

The best way to determine how much a car accident attorney can actually help you is to arrange a consultation with an experienced personal injury law firm. At Lerner and Rowe Injury Attorneys, we offer all prospective clients with a free case review to help accident victims understand all their legal options and make an informed decision.

How to contact Lerner and Rowe Injury Attorneys?

Contact us at 844-977-1900 to schedule your free, no obligation consultation. Representatives are standing by via LiveChat to answer your questions. You can also submit your case details using this convenient form.

What to do after an accident with insurance?

An insurance claims adjuster will likely perform an inspection of your vehicle after the accident to determine how much it would cost to fix the damage or replace the vehicle altogether.

What is the low ball settlement offer for car accident victims?

On top of everything else, car insurance companies are notorious for making low-ball settlement offers to car accident victims—far below the actual cost of that person’s medical bills, car repair or replacement costs, and lost wages, not to mention their pain and suffering.

How to get a copy of an accident report?

Either way, you’ll also want to contact the local police department for a copy of the accident report.

How bad are your injuries if you get rear-ended?

How bad are your injuries? If you got rear-ended, you might only have whiplash – or you might have a broken neck. Liability might be assumed for the driver who hit you, but his attorney is going to argue mitigating circumstances and that your injuries aren't as bad as they seem in an effort to lower damages.

Why are lawyers important?

Lawyers can argue mitigating circumstances and that injuries are going to affect you later in life. They can show actuarial data you wouldn't even think of using. They are an important teammate for you to consider having, and they only win money when you do.

What happens if you reverse a car?

If you are driving a car that has faulty signals or a blown light, the driver behind you will not be held automatically liable. This is also the case if you suddenly reverse or do something else unexpected.

What happens if you stop in traffic?

If you decide to stop in traffic when every natural inclination is to keep going, a judge would likely side with the other driver. If traffic came to a sudden halt and you had to stop, that would be taken into account.

Do you need a lawyer for rear end accidents?

Many people think that because rear-end accidents presume automatic fault on the part of the other driver, they don't need a lawyer. To be fair, this is usually the case.

Is the other driver insured?

One of the worst things that can happen is when the other driver is uninsured. What are you going to collect against? If you're in a no-fault state, you can at least collect against your own policy. Many drivers even plan for this and have an uninsured motorist policy for this very eventuality. Some states require it.

What can an experienced attorney do for you?

An experienced attorney can protect your rights and deal with the insurance company while you focus on healing. We'll investigate what happened and advocate for the full amount of compensation you deserve for your rear-end accident.

Is it a minor accident if you rear end someone at a low speed?

Even if you were rear-ended at a low speed, there's no such thing as a truly minor accident. It's important to call the police and have them investigate. The official police accident report will become a key piece of evidence in your claim. In addition, get contact information for witnesses, and take pictures of the scene and any visible injuries.

Do you need to inform your insurance company of an accident?

You need to promptly inform your insurance company that you were in an accident. However, you don't need to speak to them in detail. Give them a brief summary of what happened and decline if they ask you to give a recorded statement (remember, that could be taken out of context and used against you later).