There are two phases to every car accident claim or lawsuit. First, you need to establish fault for the accident. Second, you have to secure the compensation you deserve. There are some shortcuts that can help you prove fault in a rear-end crash, but you still need a car accident lawyer to represent you. The right attorney not only pursues a settlement check but ensures the check pays you every dollar you deserve in compensation.
The Rear Car Driver Is Presumed to Be at Fault
There is a legal presumption at play in most rear-end car accident cases. The general rule is that the driver who struck the other car from the rear is the one to blame for the accident unless they can prove otherwise. Typically, a driver should never hit cars in front of them on the road and should be able to stop in time to avoid an accident.
It is generally assumed that rear-ending another vehicle is an act of negligence because it is something that a reasonable driver should not do under usual circumstances. If your car is struck from behind, it is entirely possible that you may not even need to present any further evidence of fault to prove liability and qualify for a settlement check.
However, never assume that your claim will be simple. Insurance companies find ways to challenge claims and limit compensation, so you need a car accident lawyer even if liability seems straightforward.
The Legal Presumption Can Be Overcome with Strong Evidence
However, just because something is a legal presumption does not mean that it holds true in every single case. It is possible for the driver of the rear vehicle to provide their own evidence that can upset the presumption of fault. Further, the insurance company may try to blame the driver of the vehicle that was struck because adjusters are trying to avoid their legal obligation to fully compensate the motorist for their injuries. Thus, you should never take it for granted that you will receive a full settlement if you were driving the car that was hit.
There are definitely some cases in which the front driver is liable and must pay for your injuries if you rear-ended them. For example, if you were driving the rear car, you may demonstrate that the other driver cut you off or stopped short in front of you. If the other driver suddenly slams on their brakes without warning or reason, you may have had little opportunity to avoid the accident. The front car driver may have been distracted, and they stopped suddenly when they should have had more time. Their brake lights might not be working, causing you to collide with the back of their car when they slow down.
In other words, you may not have been the one who was negligent yourself if you were the rear driver. Never assume you cannot seek compensation; have a car accident attorney assess the matter and your legal options.
A Third Party Might Be to Blame for the Accident
There may be times when another driver is to blame for a rear-end car accident. There is often a challenge in determining liability when there is a multi-car pileup. The rear car driver may have simply crashed into the car in front of them because an initial accident had already occurred. In that case, there will be multiple insurance companies who will confer to determine liability for the accident. In many cases, it is the driver of the middle car who was the first to rear-end another driver who will be the one to blame for the accident, and their insurance company will need to compensate both of the other drivers.
Most car accident lawyers will gladly accept cases from drivers struck from behind by another car. In these cases, liability is usually readily apparent, and the battle becomes getting enough compensation for your injuries. Since car accident lawyers work for you on a contingency basis, they may be slightly more hesitant to accept cases when you argue that the driver of the car that was struck was responsible, since these cases are more of an uphill battle.
Nonetheless, you should schedule a free consultation so an attorney can evaluate your case. If you have witness testimony that backs up your side of the story or something that was noted in the police report on the accident, it may be easier to find a car accident lawyer to take your case.
The two things that you should never do is jump to any conclusions on your own about the case and choose not to contact a car accident lawyer for a free initial consultation. The worst thing that happens is that a car accident lawyer tells you that your case is not strong. You lose nothing from having the conversation except for a few minutes of your time.
The Real Fight Is Often in Negotiating Compensation
When you establish fault, you can proceed to discuss your actual financial compensation. Even if negligence is clearly apparent, it is far from the end of your car accident case. The insurance company often readily concedes liability in car accident cases, knowing they intend to fight you on compensation.
Rear-end car accident injuries can be much more serious than you think at first. Whiplash is the most common injury that you may suffer in a rear-end car crash. Here, your head and neck will violently snap forward while the rest of your body remains still. You can suffer serious injuries as a result that can include:
- Herniated discs
- Lumbar strains
- Traumatic brain injuries
- Spinal cord injuries
- Sciatica
- Spinal stenosis
You can end up in continuous pain and discomfort when you suffer a whiplash injury. Roughly 40 percent of people who suffer whiplash injuries will experience symptoms for a long period of time. Around 10 percent of people who have suffered whiplash will have permanent disabilities.
Seek Legal Help Now
The insurance company will go out of its way to try to downplay the extent of your injuries so they can pay you less money. Some of your pain and symptoms may be subjective, and the insurance company will not buy your story if it means that they will have to pay you more money. A personal injury attorney will fight for your right to receive full compensation for your whiplash injuries.