A rear-end accident is a type of car crash that occurs when one vehicle hits the back end of another car. Rear-end car crashes can be a traumatic experience and sometimes lead to serious injuries. If you’ve been injured in a rear-end car accident, it can be helpful to get help from an auto accident attorney.
An experienced car accident attorney can help you understand your rights and options, guide you through the legal process, and represent you in negotiations or court proceedings. In addition, they will work to get you a fair settlement for your injuries and other losses.
At The Fran Haasch Law Group, we have years of experience helping car accident victims get the money they need to rebuild their lives. We know how to fight for our clients, and we will do everything possible to get you the compensation you deserve. Contact us today for a free case review.
Causes of Rear-End Collisions
There are many reasons why rear-end collisions occur. Some of the most common causes include:
Brake Checking
Brake checking is a leading vehicle that slows down quickly in front of the rear vehicle. This can cause the following vehicle to crash into the back of the first car.
Distracted Driving
Distracted driving is any activity that takes a driver’s attention away from the road. Distracted driving can include activities such as:
- Texting
- Eating or drinking
- Talking to passengers
- Fiddling with the radio
- Using a navigation system
- Looking at something outside of the car
These activities take a driver’s attention away from the road, which can lead to a rear-end collision.
Tailgating
Tailgating is when a driver follows another car too closely. This leaves little room for error and can lead to a rear-end collision if the leading vehicle has to brake suddenly.
Poor Weather Conditions
Poor weather conditions, such as rain, snow, or ice, can make it more difficult for a driver to stop their car. This can lead to the lead driver being rear-ended if the other driver follows too closely.
Drunk Driving
Drunk drivers cause many rear-end accidents. This is because drunk drivers have difficulty focusing on the road and may not react to stop their cars.
Common Injuries After a Rear-End Accident
If you are involved in a rear-end collision, you may experience some common injuries. Some of the most common injuries include:
- Bruising from the seat belt, steering wheel, or airbag
- Whiplash
- Back and neck pain
- Headaches
- Chest pain
- Traumatic Brain Injury
What to Do After a Rear-End Collision
Rear-end car accidents can be stressful and overwhelming, but you can help ensure that the process goes as smoothly as possible by following these steps.
Seek Medical Treatment
If you are injured, it is important to get medical attention as soon as possible. Even if you think your injuries are minor, it is still a good idea to be checked out by a doctor.
Report the Accident
You should report the accident to your insurance company and the police as soon as possible. Be sure to have your insurance information handy.
Gather Evidence
It is important to gather evidence at the scene of the accident. This includes taking pictures of the damage and getting the contact information for any witnesses.
Contact a Lawyer
If you are injured, you may want to consider contacting a personal injury lawyer. A lawyer can help you understand your legal rights and options.
Rear-end collisions can be stressful and confusing. But if you follow these steps, you will be on your way to getting the help you need.
Establishing Fault for Rear-End Accidents
The rear driver is typically considered at fault for a rear-end crash.
When the Lead Driver May Be At Fault
There are a few situations where the lead vehicle driver may be considered at fault for a rear-end accident. These include:
- The driver in front stopped suddenly and arbitrarily without warning
- The driver in front has pulled out into traffic in front of another driver
- The driver in front changed lanes without signaling
What Happens If I’m the At-Fault Driver?
If you are the at-fault driver, your insurance company will be responsible for paying the damages to any other drivers or passengers injured in the crash. If you live in Florida and do not have auto insurance, you could face fines of up to $500 per vehicle as well as suspension of your license plates and driver’s license.
Comparative Negligence in Florida
Florida is a comparative negligence state. As per HB 837, Florida has transitioned from a pure comparative fault system to a “greater percentage of fault” system, effective from March 2023. This implies that if a party is determined to be more than 50% responsible for their own injuries, they will be prevented from obtaining any compensation.
It is important to speak with an auto accident attorney to understand how comparative negligence may impact your claim. An experienced car accident lawyer can help you determine who was at fault in the crash and can help you file a claim against the other driver.
How to Prove Negligence in a Rear-End Accident Case
To recover damages in a rear-end accident case, you will need to prove that the other driver was negligent. This means that you will need to show that the other driver failed to use reasonable care, and this failure led to your injuries.
There are many ways to prove negligence. Some of the most common pieces of evidence include:
- Witness testimony
- Photos of the accident scene
- Police reports
- Medical records
If you are injured in a rear-end collision, it is important to seek medical attention and gather evidence at the accident scene. You will increase your chances of obtaining a favorable outcome in your case by doing so. If you have any questions, please do not hesitate to contact The Fran Haasch Law Group.
Compensation After a Rear-End Collision
Damages awarded in car accident claims are separated into non-economic, economic, and punitive damages.
- Non-economic damages are not easily quantified, such as pain and suffering, mental anguish, and emotional distress.
- Economic damages can be quantified, including medical expenses, lost wages, and property damage.
- Punitive damages, or exemplary damages, are damages assessed to punish the defendant for outrageous conduct and reform or deter the defendant and others from engaging in similar conduct.
What is the Statute of Limitations in Florida?
Florida law has a strict deadline for taking legal action. The statute of limitations on car accident claims in Florida is two years from the crash date. This means car accident victims have two years to file personal injury claims for compensation.
Factors That Affect a Rear-End Car Accident Case
Several factors can affect a rear-end accident case. Some of these factors include:
- The severity of the crash
- Who was at fault for the accident
- How much damage was done to both cars
- What type of insurance policies were involved
Each case is different, so it is important to speak with an attorney to see how these factors may affect your case.
How Long Does it Take to File a Lawsuit After a Rear-End Car Crash?
There is no one answer to this question since all personal injury cases for motor vehicle accidents are unique. However, the average personal injury lawsuit takes about two years to resolve.
If you decide to file a lawsuit after being injured in an auto accident, it’s important to understand that there is no guarantee that you will win your case or receive any money damages. The process can be long and difficult, but our car accident attorneys will fight for you every step of the way.
Contact The Car Accident Lawyers at The Fran Haasch Law Group Today
If you are seeking high-quality legal representation, contact The Fran Haasch Law Group today for a free case evaluation if you are a car accident victim. Our legal professionals have extensive experience helping personal injury victims get the fair compensation they deserve. Our car accident attorneys can help you get the damages you are entitled to for your injuries and other losses.
