There are several cases where you can sue the guilty party after you have been involved in a rear-end collision. These types of crashes can be serious, no matter what speed the offender was traveling when they struck you. The National Highway Traffic Safety Administration (NHTSA) estimates that rear-end collisions make up 30% of all crashes caused on roadways per year.
If you’re struck from behind, working with a car accident lawyer can help you determine whether the other party was at fault and whether you have a viable case on your hands. Your car accident lawyer may advise you to enter negotiations with the other party or file a suit with their help. No matter what caused the accident, whether road rage, distracted driving, or driving under the influence, you are able to sue.
How Is Liability Determined in Rear-End Collisions?
In many types of car crashes, liability is difficult to prove definitely. When it comes to rear-end collisions, the driver who struck the other from behind is most likely at fault, but this isn’t always the case. As such, it’s important to collect as much evidence as possible immediately after the accident occurs in the form of photos and videos when possible.
Police reports are also imperative for establishing liability, as police officers serve as a trusted third party in court. A written assessment by a police officer after an accident is required by law in many states, and it can become much more difficult to establish liability without one. Eyewitness testimony, dashcam footage, and reports from medical professionals about injuries can also be used to determine fault.
What Types of Damages Can You Receive from a Rear-End Collision Lawsuit?
Your car accident lawyer can help you determine which types of damages you may be eligible to receive after a rear-end accident. Damages from these types of cases often include medical expenses, lost wages, property damage, mental health bills, pain and suffering, and wrongful death in some instances. These are just a few of the numerous types of damages that may apply to your unique situation.
Rear-end collisions can change a person’s life in an instant, and you deserve to be compensated fairly for the losses you may have suffered. Your car accident lawyer will fight on your behalf and take all the right steps toward helping you collect your damages.
Common Rear-End Collision Injuries You Can Sue for
Rear-end collisions can result in a variety of injuries, but some of the most common injuries we file claims for include:
- Back injuries
- Traumatic brain injuries (TBI)
- Neck injuries from whiplash
- Airbag injuries
- Seat belt injuries
- Arm injuries
Even if the accident occurs at relatively slow speeds, injuries can still occur, especially if the victim didn’t see it coming in the rearview mirror and wasn’t able to brace themselves. It’s also important to know that many injuries won’t be felt right away after the accident, so you may not feel back pain or a head injury until the days or weeks after it occurred. If you have been in a rear-end accident, it’s better to be safe than sorry and seek medical attention if something doesn’t feel quite right afterward.
What Should You do After a Rear-End Collision?
The minutes, days, and weeks after a car accident can be incredibly overwhelming and stressful, but much of that stress can be mitigated by remaining as calm as possible and taking the proper actions. Immediately after the accident occurs, pull your car over to the side of the road or to a safe location if you are able, and call 911 if you or anyone involved has sustained severe injuries.
Call the Police
If nobody is severely injured, exchange insurance and contact information with the other party, and call the police to get a police officer to file a police report. The police will likely ask you several questions about what happened, and their police report will become a public document.
Exchange Contact Information
Exchange contact and insurance information with the other party in a calm and polite manner, but avoid divulging other information or discussing the accident itself. This is especially true if the other party offers to pay you a sum of money in exchange for not filing a police report. What you say at the scene may come back to haunt you in court or during a settlement, especially if you inadvertently admit fault or harass the other party.
Gather as Much Evidence as Possible
Aside from the police report, photo, and video evidence can be incredibly helpful for building your case. Be sure to get clear pictures of several angles, and don’t miss things like tire marks on the road and surrounding property damage. You should also collect the contact information of witnesses when possible, as they can testify on your behalf and help establish fault.
Consult with a Lawyer
Speaking with a lawyer shortly after your accident is one of the most important steps you can take, as they can help you fill out the paperwork to file a suit, ensure you meet critical deadlines, and build a case that will get you the compensation you need to recover. In Nevada, the statute of limitations is two years, which means you have that amount of time after the date of the accident to file a formal complaint.
Failure to do so means that you won’t be able to file a complaint, and you may miss out on substantial amounts of money. Contacting your lawyer in a timely manner can help you avoid this unfortunate situation.
Get Help with Your Rear-End Collision Case from a Trusted Henderson Attorney
If you were the victim of a rear-end collision and you need legal representation from a knowledgeable and experienced car accident lawyer, contact Pacific West Injury Law today for a free case review. Our dedicated lawyers will be there for you every step of the way.
