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Rear-End Accidents: Liability, Claims & Injury Compensation

Though preventable, rear-end crashes come as a surprise, especially with the prevalence of smart devices such as GPS units. Most of these crashes happen due to distracted driving, and the injuries tend to be dangerous.

Any auto accident can result in severe injuries, but rear-end collisions pose a dangerous threat. The sudden crash exposes passengers to sudden impacts at a high force, which our bodies may be unable to handle. Rear-end accidents cause the second impact, which impacts severe trauma on the crash victims.

Luckily, determining who is at fault for any auto accident doesn’t get any easy than with rear-end collisions.

How do rear-end accidents come about?

A rear-end accident occurs when a car collides with the backside of the vehicle traveling ahead of it. Most rear-end accidents are caused by motorists and happen when traffic stops suddenly, and the motorist or driver hadn’t kept a proper distance to stop safely when need be.


Determining the liable party in a rear-end accident

In most cases, the driver who hits the rear-end of the vehicle ahead tends to be found negligent and is always at fault. However, there are some instances where the lead vehicle becomes liable. These instances include;
• Sudden reversing
• Brake-checking- when the driver brakes suddenly without a reasonable cause
• Failing to repair broken brake lights
• Driving with a prevailing mechanical condition

In the absence of the above scenarios, determining the liable party is straightforward. Luckily, these accident cases are quickly resolved. The significant problem is in calculating damages, and it even gets more complicated when it gets to injury compensation claims.

Injuries resulting from rear-end accidents

• Brain injuries
• Neck and back injuries
• Rib/ shoulder/ collarbone injuries
• Pelvic injuries
• Face/jaw injuries

Obtaining compensation for incurred losses

Getting compensation for any vehicle damage is uneventful. Both parties agree on who is liable, and any damage to the vehicle is an objective determination. Most insurance service providers pay the victim’s car damage claim.

The hard part is getting compensation for any injuries incurred. It is a lengthy and frustrating part of a personal injury lawsuit or a vehicle insurance injury claim.

Average compensation for rear-end accident injuries

Each case is treated differently. However, some factors influence compensation. They include;
• The severity of injuries resulting from the collision
• The injured body parts, and whether the victim will regain full body functionality after the sustained injuries
• Impairments that will result from the accident
• Did the victim suffer from PTSD or any emotional distress?
• Medical expenses incurred by the victim relating to the crash
• How long will the victim endure limitations arising from the sustained injuries?
• Where will the lawsuit be filed?

These are some of the details which vary from case to case and are considered before determining a fair settlement for a rear-end accident victim.

Do you want to handle all these yourself?

Most people don’t consider seeking legal help for rear-end accidents. But how bad are the injuries? Some cases are easy when it is only the car that is damaged, and you only have to deal with the insurance company.

We have seen how loss compensation is effortless and why injury compensation tends to be hectic. Would you want to handle these cases by yourself? The paperwork will pile up, and fighting the court system is a battle you might need help with.

Contact Guy Levy Law if you have suffered any injuries or damages from a rear-end accident. If you have sought legal advice and been advised you don’t have a case, also feel free to consult us at Guy Levy Law. Our expertise in auto accidents and personal injury cases makes us the best personal injury attorney in San Diego and Southern California. Let us help you.

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