Lawyer Talk

Legal commentary provided by Attorney Randall Flagg

Rear- End Collisions – Liability and Settlements

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rear-end-collision.jpgRear end collision is one of the most common types of road accidents in the United States. According to statistics from the National Highway Traffic Safety Administration or NHTSA, rear end collision road accidents comprises of nearly 40 percent of all the road accidents. That said, it is therefore important to know the circumstances that can lead to this type of accident in order to prevent it.

Rear end collision is the type of vehicular accident where one vehicle hits or crashes into the other vehicle’s rear end. In this type of accident, there are usually three scenarios that can lead to it.

  1. The first car suddenly stops to prevent an accident and the car behind did not stop fast enough or was too near to prevent a rear end collision even when the driver immediately notices the sudden stop.
  2. The car behind accelerates too fast compared to the car in front. Common reason for this is miscalculation of speed or inattention of the driver driving behind the first car, thus leading to a rear end collision.
  3. When a car backing up or driving on reverse hits the car behind. If the car that was hit was parked, then the fault is definitely on the driver of the car backing up, if the car hit is being driven, then the liability can be debated and would depend on the circumstances. For example, was the car driving on reverse had the signal on and did the necessary precaution to warm motorist? Was the driver of the second car hit because he was inattentive or busy doing something else, or was the driver driving at a fast speed and was not able to break on time?

As you can notice, on rear end collisions, it is on the burden of the person who rear ended the vehicle to prove that the fault is not his’/her’s. Unfortunately, laws and safety precaution always put the driver who rear ended to be at fault because of a basic reason, a person must drive at a safe distance from the vehicle in front of it in order to prevent this kind of accidents. That leaves inattention on the road while driving as the other reason for rear ending a car, and that is inexcusable either.

Rear end collisions can result to some serious injuries and if you are the one who is responsible for it, a personal injury lawsuit is almost always inevitable. Most of these cases are settled by making a payment for the damages that was incurred. A rear end collision settlement often covers medical expenses as well as pain and suffering, which means victims can expect a big payout if they suffered serious damages. Along with medical and treatment fees, lost wages and property damages, you must also pay for pain and suffering that resulted from the injuries. The more severe the injuries, the more amount you have to pay for the settlement. There have been a lot of cases where the aggrieved party seeks more settlement compared to injury incurred by faking some pain. That is one of the reasons why going to a doctor for immediate check up after the accident is always advised to immediately asses the injury. This is important as medical records are vital evidence used in court to determine the cost of settlement.

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