someone rear ended me what can an attorney do to help?

by Mustafa Kshlerin 8 min read

If Someone rear ended me and I left, having an experienced personal Injury attorney can be very helpful. Aggressive attorneys are usually friendly and caring individuals who take the time to speak to you about all the facts of your case.

Full Answer

Is it always your fault if you rear-end someone?

If You Rear-End Someone, Is It Always Your Fault? In many cases, a driver who rear-ends another car is legally at fault for the accident. Often, the police conclude that the rear driver was driving too closely to the car in front of them. However, there are some situations in which, when a driver rear-ends someone, it is the other person’s fault.

How do I recover damages for injuries in a rear-end wreck?

To recover damages for injuries in a rear-end wreck, the victim must show that the at-fault driver (or other at-fault parties): Owed the victim of the wreck a duty of care. Drivers all owe one another a duty to drive safely, watch the road around them, and follow traffic laws and regulations.

What is amputation in a rear-end accident case?

Amputation, whether during the accident or immediately after the accident. If your attorney can prove that you were not at fault for your rear-end collision, you may collect compensation for your accident-related injuries and other losses from the at-fault party.

What is negligence in a rear-end car accident?

In the example of someone pulling into an intersection by mistake, then backing up to get out of the intersection, that person is negligent if they did not check their rearview mirror before backing up. To recover damages for injuries in a rear-end wreck, the victim must show that the at-fault driver (or other at-fault parties):

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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.

What happens to your body when you get rear ended?

If a driver is holding the steering wheel at the time of a rear-end collision, their arms and wrists often absorb some of the impact. This can cause injuries like sprained wrists, stress fractures in the arm, dislocated shoulders, and tendon damage.

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.

How long does back pain last after a rear-end collision?

The problem typically resolves within 4 to 6 weeks, although some people may feel better within a few days. A minority of people may require surgery to fix the problem.

What damage can be caused by a rear-end collision?

The impact of a rear-end collision can also loosen electrical wires. This may impact your brake lights, taillights, battery, or starter. Malfunctioning lights could lead to another accident, as people who are behind you won't know that you're stopping.

What kind of injuries can result from a rear-end collision?

A wide range of mild to serious injuries, including back pain, shoulder injuries, lacerations, whiplash, spinal injuries, and even traumatic brain injury and other head injuries, can result from rear-end collisions. Vehicle accidents may also cause pre-existing conditions such as degenerative disc disease to worsen.

What does being rear-ended feel like?

In rear end collisions, whiplash, or neck strain, is a common injury. This injury can cause discomfort in the neck, headaches, and stiffness or paralysis. Severe whiplash may cause pain, weakness, or numbness in the arms and shoulders.

What happens to your body when you get hit by a car?

Our bodies, as smart and well-designed as they are, can only withstand so much force. Studies show the intense impact a car crash has on the human body even at 15 or 20 miles an hour. It can bruise tissue, cause microtears in muscles and ligaments, and even cause blood vessels in the brain to tear.

What happens if you rear end a car?

If you are rear-ended in a parking lot or in slow-moving traffic, there may be little or no apparent damage to your vehicle. The other vehicle may also show little damage, or may have a crumpled hood and smashed front end, depending on the size and weight of your cars.

How long does it take for a rear end injury to develop?

Significant rear-end injuries are often caused by relatively low-impact collisions, but the symptoms may take a day or two to develop. If you are the driver or passenger in a vehicle that was rear-ended, you owe it to yourself to seek prompt medical attention.

What happens if you hit a car with a low impact rear end?

Even low-impact rear-end collisions can result in hidden damage to your car and serious injuries to you or your passengers.

What is the basis for calculating fair injury compensation after a traffic accident?

Your hard costs for medical treatment and lost wages are the basis for calculating fair injury compensation after a traffic accident.

What to do when you get hit from behind?

When you’re hit from behind, check for injuries and call 911. Watch what you say and cooperate with emergency responders. Don’t just shake hands and walk away – you’ll risk jeopardizing your claim against the at-fault driver’s auto insurance.

Do you need an attorney for a rear end collision?

Insurance adjusters will fight injury claims arising from low-impact or no-damage rear-end collisions. You may need a personal injury attorney to get fair compensation for your injuries, lost wages, and pain and suffering. Most injury attorneys offer a free consultation to auto accident victims.

Can you file a bodily injury claim with no fault?

In most states, you’ll file a bodily injury claim and a property damage claim. Even in a no-fault state, the at-fault driver’s insurer should pay for your vehicle damage.

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 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.

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 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.

What can a car accident lawyer do?

A car accident lawyer can help you determine whether you or someone else bears liability for an accident, and what compensation you should pursue.

What happens when a driver drives aggressively?

When the front driver drives aggressively, including sudden braking when it is not necessary and erratic lane changes, that person could be at fault if their erratic driving causes a rear-end wreck. Drunk drivers, drivers exhibiting road rage, and those who intentionally try to get hit may also be liable for accident injuries in a rear-end crash they cause.

What happens if the front driver does not have brake lights?

If the front driver’s vehicle does not have functioning brake lights, the front driver may be at fault for a rear-end wreck.

Why did the at fault driver breach the duty of care?

The at-fault driver breached the duty of care because of their negligence.

What happens when a driver pulls too far into an intersection?

When a driver pulls too far into an intersection, then backs up to get out of the way of opposing traffic, they may collide with the car behind them. Because it is not reasonable to expect the rear driver to know the front driver is going to back up, the rear driver cannot be expected to get out of the way. Instead, the driver in front must watch what they do.

Is it the other person's fault if a driver rear ends another car?

However, there are some situations in which, when a driver rear-ends someone , it is the other person’s fault.

Is a driver who rear ends another car at fault?

In many cases, a driver who rear-ends another car is legally at fault for the accident. Often, the police conclude that the rear driver was driving too closely to the car in front of them. However, there are some situations in which, when a driver rear-ends someone, it is the other person’s fault.

How Do You Prepare for The Rear-End Collision Lawsuit?

If you’re planning on suing the at-fault driver, you need to take action immediately with your attorney in the following ways.

When Can You Sue for a Rear-End Collision Accident?

After a rear-end colli sion accident, your first course of action should be filing a claim for compensation. In the majority of rear-end accidents, the driver in the rear is at fault. You need to file a claim with their insurance company. The insurer will give a much lower settlement to start with, but an experienced attorney will help you negotiate a fair settlement that will cover all your medical expenses, lost wages, and car damage, among other things.

Where Do Rear-end Accidents Happen?

Rear-end collisions are most likely to happen at a red light . A National Transportation Safety Board’s report found that 87% of rear-end collisions were caused by a distracted driver. The leading cause of this type of crash is distracted drivers, given that they don’t see the vehicle in front of them right on time to slow down or stop the car to prevent the collision. These drivers can be distracted by texting, eating, adjusting settings on the dashboard, rubbernecking at other accidents, or talking on the phone.

What Are The Most Common Rear-end Collision Injuries?

Rear-end collisions can cause a variety of back and neck injuries depending on the speed at which the accident happened. Some common back and neck injuries include:

How Do You Prove Fault In A Rear-End Car Crash?

The reason being car drivers sometimes can unexpectedly stop or slow down to avoid a hazard on the road or because of traffic.

How to prove emotional damages?

They will know how to show your damages to their full extent, including emotional damages that don’t really have a price.

What happens after a car accident?

After any type of car accident, the legal process is pretty much the same. Some days after the accident the at-fault driver’s insurance company will most likely contact you. They will probably offer you a settlement that may seem attractive, however, don’t let them fool you.

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