A rear-end collision can be one of the most sudden and disorienting kinds of traffic accidents to endure and that often results in serious injuries to the victim.
You’re just going about your business, or trying to, and then the unexpected happens when you’re rear-ended while stopped. Perhaps you’ve come to a halt at a red light or a stop sign in routine compliance with road safety laws, and then out of the blue someone crashes into the rear of your vehicle.
You may be able to receive compensation for your injuries if the evidence lines up on your side. If you or a family member have been rear-ended by a negligent or reckless driver in the Philadelphia or South Jersey area, a Philadelphia car accident lawyer will work tirelessly to authenticate your liability claim and obtain the financial compensation that you deserve.
Who Is at Fault when Rear-Ended While Stopped?
Determining who is at fault after getting rear-ended while stopped may seem crystal clear to the victim.
In general, the driver of the car that hit you will usually be deemed legally at fault in a rear-end accident, as long as the injured party was complying with traffic rules at the time. Depending upon the circumstances, shared liability might create a comparative negligence scenario in which fault is apportioned among the drivers.
A chain-reaction accident could also create a different scenario. For example, the car behind the car that hit you could have pushed the second car into your vehicle, rendering the second motorist liable.
There’s no certainty, however, that an at-fault driver or drivers will admit to being responsible for bodily injuries and property damage.
Finger pointing by the other drivers and their insurance companies is unfortunately likely when injury compensation becomes an agenda item.
That’s why it’s fundamental to retain a personal injury lawyer who can conduct a meticulous fault determination with the goal of achieving the fairest possible outcome when you seek monetary damages for your injuries.
Common Injuries in Rear-End Crashes
Depending on the speed of the offending vehicle, rear-end crash injuries could be mild to severe. Common injuries, starting with the one that is most common, include, but are not limited to, the following:
- Whiplash, which is primarily a neck injury caused an abrupt back-and-forth movement
- Head injuries, including lacerations, concussions, and brain trauma
- Back/spinal cord injuries
- Broken bones
- Vision impairment from broken glass or dashboard debris, or associated with airbag deployment
- Soft-tissue injuries such as cuts, bruises, strains, and general soreness.
Common Causes of Rear-End Car Accidents
One or more causes associated with negligence or wrongdoing by the driver behind you can result in a rear-end car accident. Potential causes include the following:
- The driver behind you may be speeding or following too closely
- The driver behind you might be inattentive or might be distracted by electronic devices or other preoccupations
- The driver’s brakes may have failed (which may make other parties beyond that driver, such as a parts manufacturer, conceivably liable).
- In some circumstances, the victim may be at least partially at fault for braking suddenly, for non-functioning brake lights, or even backing into the second car.
Neither party perhaps may be at fault if a road hazard or bad weather constitutes a cause of a rear-end collision.
These can be very fact-sensitive matters which is why having a Rear-End Accident Lawyer representing you is pivotal.
Evidence such as eyewitness statements, video footage, property damage, skid marks, and other forms of proof can be crucial in sorting out who is at fault from a legal perspective.
Steps to Take After Being Rear-Ended
If you’ve been rear-ended in a vehicle, there are several steps ideally to take at the scene.
- Call 911. In Philadelphia, cops may not respond, however, to what the dispatch center considers a non-serious accident.
- For this reason and others, such as the potential absence of a police report, make sure to exchange insurance information with the other driver or drivers, and take videos or photos of the vehicle damage, the accident scene, and any physical injuries you have suffered. Additionally, you can always go to the police station yourself and file a police report, if the police do not respond when the accident occurs. You should do this as soon as possible.
- Obtain contact details from any witnesses on scene because witness statements can provide valuable evidence of causation. Your phone should also capture the license plates of any involved vehicles as further proof of the incident.
- Once police have released you from the accident location, if they are there, or you have completed your information gathering and can lawfully leave the scene, go to the ER or an immediate care clinic for a diagnosis in those instances where you haven’t been transported there by ambulance because of significant injuries. Take into consideration that injuries may not emerge immediately.
- After obtaining initial medical screening and treatment, retain legal counsel promptly so that your car accident rights are protected
Why You Should Hire a Lawyer after Your Rear-End Accident
As alluded to above, and throughout this website, hiring the knowledgeable and experienced rear-end accident lawyers at The Law Offices of Greg Prosmushkin can represent your interests in several ways. Your attorney will conduct a thorough investigation that establishes the necessary legal link between the accident and your injuries to determine who was at fault.
The attorney will also make a detailed evaluation of your monetary damages, including all your medical bills, repairs to your vehicle, and the necessary procedures to recover lost wages after a car accident.
Once this comprehensive damage assessment is completed, our team will dynamically negotiate with the insurance company or companies for the financial compensation that you deserve. We won’t shy from fighting the insurance company, including taking the case to court, if necessary. Please note that we will handle all insurance company communications, requests for medical records, and even arrange for a car rental for you. Contact us to schedule a free consultation.