A rear-end collision can be one of the most frustrating types of car accidents. Typically, getting hit from behind occurs at traffic lights or on a road that is experiencing heavy traffic congestion at low speeds. The results are often minor damages and injuries. However, these rear-end accidents can also result in severe injuries, such as whiplash, a neck injury, or a traumatic brain injury, that require medical attention.
All of this can leave you looking for a way to pay, not only for your property damage, but also for your medical bills and other expenses. Determining fault and liability will be key in recovering your damages either in the form of a settlement from the insurance company or through a court claim. There are some things you should keep in mind if you are hit from behind.
What is a Rear-End Collision?
In simple terms, a rear-end collision is if someone hit your car from behind. They are some of the most common accidents on the road and can be caused by a variety of factors including:
- Distracted driving – this occurs when a driver is distracted by something like a cellphone, eating, or applying makeup, causing them to ignore traffic laws such as right of way or fail to brake in time.
- Tailgating – this involves following too close to a lead vehicle not at a safe following distance, reducing the time and distance for braking by the rear driver, making a collision more likely if the front driver slows down or makes a sudden stop.
- Speeding – speeding reduces reaction time and makes it more difficult to stop, particularly in hazardous road conditions, leading to an increase in the chance of a car accident. High speed collisions can also result in more severe vehicle damage and injuries compared to accidents that occur when safe driving practices are in play.
- Vehicle Issues – brake failure by the following vehicle or broken brake lights by the front vehicle also increase the risk of a car accident hit from behind.
- Impaired Driving – driving under the influence of drugs or alcohol reduces reaction times and can cause a driver to behave more recklessly, making an accident more likely to occur.
Immediate Actions After Being Hit
After being hit, there are some actions that you should take, both for your safety and to increase your chances of recovering compensation including:
- Seek Medical Attention – if you are injured, or even think you may be injured, seek medical attention immediately as is a common accident scene safety practice. Injuries from rear-end collisions can be severe such as spinal cord injuries. Emergency services should always check you out at the scene. Be sure to keep copies of your medical expenses and medical records.
- Contact the authorities – Always call the police. The police will investigate the accident and produce an accident report with their findings. Never admit liability to the police unless you’ve talked to an accident lawyer. Document the Accident– document evidence by taking photos of any property damage or a visible bodily injury and collect statements and contact information from any potential witnesses. This can be key to proving negligence or property damage liability later on.
- Contact Your Insurance Company – review your car insurance records and contact your insurance company or uninsured motorist coverage provider to let them know you have been in an accident. Never admit liability until after you have spoken with legal counsel.
- Hire Legal Representation – A lawyer can help you investigate the accident, review your car insurance policy, file an insurance claim, negotiate with the insurance company for a settlement, and file a claim in court, if necessary.
How Do You Prove Fault in a Rear-End Collision?
Proving fault after being rear-ended is key to recovering damages for things like medical expenses, lost wages, vehicle repairs and non-economic damages such as emotional distress, punitive damages, and pain and suffering. Generally, the person who rear-ends the car in front in a hit from the back car accident is presumed to be liable.
However, this presumption that the rear driver is at fault can be rebutted through evidence showing that the front driver was acting in a negligent manner. Some of the ways this presumption can be rebutted include:
- The front driver suddenly stopped without a valid reason either negligently or intentionally which is known as brake checking.
- The front driver had broken or non-functioning brake lights that made it difficult to see they were slowing down or stopping.
- The front driver engaged in reckless or unsafe maneuvers, defensive driving, or otherwise violated their driver responsibility causing the accident.
To prove one of these presumptions, a person can use a variety of evidence such as police reports or witness statements. The comparative negligence doctrine may also come into play, especially in a chain reaction accident or a multiple vehicle collision. Under this doctrine, a percentage of blame is assigned to each party and a party’s recovery is typically reduced by their percentage of liability in a lawsuit.
Let Omni Injury & Accident Law Help Your Claim for Car Accident Injuries
If you have been injured in a rear-end collision or multi-car pileup, you may need the assistance of a Jersey City car accident lawyer to explore your legal options and file a car accident claim so you can recover the compensation you are entitled to. The team at Omni Injury & Accident Law are here to help you vigorously pursue your claim.
The team at Omni Law can help investigate the accident to determine liability, help you file an insurance claim with your insurance company, negotiate a fair settlement with opposing parties, and, if that’s not possible, file a claim within the statute of limitations and represent you in court to get you the compensation you deserve. Contact Omni Law today to set up a free consultation.