Rear-end collisions are often minor fender benders that only result in a few hundred dollars in replacement costs. In these instances, victims may ask themselves if they should get an attorney.
If the rear-end collision resulted in serious injuries, property damage, and psychological trauma, or the other party argues that it was your fault and wishes to pursue damages, a lawyer may be your best bet.
An experienced car accident lawyer can investigate how the accident happened and help you pursue full and fair compensation for your rear-end collision case. They can help you seek compensation for medical bills and ongoing care, lost wages, property damage, pain and suffering, and even punitive damages if the actions of the at-fault driver were intentional.
Contact Wyatt Injury Law for a free consultation on your case, and let a personal injury lawyer help you with your rear-end collision claim. Here is what you should know about rear-end collisions and how to pursue a fair settlement.
Understanding the Legal Implications of Rear-End Collisions
Like in most states, the driver who rear-ended the front vehicle is usually considered at fault and liable for the ensuing damages. This is because the rear driver must maintain a safe following distance.
However, the lead driver can also be at fault if their brake lights are not functioning or they deliberately stopped short to cause a collision. Insurance adjusters and legal professionals, along with authorities, will investigate the circumstances leading up to the rear-end collision to establish liability.
Since Arizona is an at-fault state, the at-fault system allows drivers to pursue compensation from the other party’s insurance company once fault is established. In a no-fault state, drivers in rear-end car accidents can use their own insurance to access funds without the need to prove fault. Car insurance minimums also vary from one state to another, but when it comes to Arizona, drivers are required to carry the following minimum insurance requirements:
- $25,000 per person
- $50,000 per accident
- $10,000 per property damage
Victims who suffer severe injuries that exceed the other driver's minimum insurance liability can pursue additional compensation through their own insurance company, if applicable, or sue the other driver directly. The claims process can end in a settlement negotiation or lawsuit, but there might be additional alternative sources of compensation—especially if the accident involved a rideshare driver or multiple at-fault parties. Accident victims who wish to explore their legal options should consult a qualified attorney. Contact a Phoenix Uber accident attorney to learn more.
Potential Injuries in a Rear-End Collision
In many rear-end accidents, injured car accident victims can experience a wide range of injuries, especially if caught unaware. Here are the most common injuries in rear-end car accident cases:
Whiplash
Whiplash is possibly the most common rear-end accident injury. It occurs when the neck and head experience sudden back-and-forth movements caused by the forceful impact of the crash. A rear-end accident can result in soft tissue damage that ranges from mild to severe.
The medical treatment for such injuries can last well over two months, depending on the severity of the rear-end crash and the victim’s overall health. Symptoms of whiplash include headaches, neck pain or stiffness, difficulty speaking, and pain in the shoulders.
Head Injuries
When you are rear-ended, you can experience head and brain injuries. Injured accident victims often report how the sudden deceleration caused them to strike the interior of their vehicle. Such impacts easily result in concussions, traumatic brain injuries, or skull fractures, which are often highly expensive to treat and mitigate, which is why you should pursue a rear-end collision settlement.
Spinal Cord Injuries
Spinal cord injuries are among the most severe car accident injuries, and they can also occur when you are rear-ended. In certain cases or if pre-conditions exist, even whiplash can contribute to spinal cord injuries.
Chest and Abdominal Injuries
Rear-ended accidents can also result in chest and abdominal injuries, especially if the passengers are not properly restrained. Based on the accident report, not using seatbelts could affect your rear-end accident claim.
Psychological Trauma
Lastly, when you are rear-ended, you can experience psychological trauma from the sudden and unexpected collision. Even if you were aware of the other driver and the collision didn’t catch you by surprise, the severity of your injuries can still contribute to the development of post-traumatic stress disorder or other conditions.
Emotional distress, anxiety, and pain and suffering are also recoverable damages in rear-end accidents. If you are an accident victim of such a collision, pursue a personal injury claim.
Damages Awarded in Rear-End Collisions
You can collect compensation from the other driver’s car insurance company for various types of damages. In any auto accident case, accident victims might be entitled to several forms of compensation, including:
Economic Damages
Economic damages are tangible monetary losses that victims can experience due to personal injuries. It refers to damages such as medical bills and related expenses, property damage, and lost wages.
In personal injury cases, victims can pursue far more than the minimum property damage coverage needed for car repairs. They can earn compensation for their past, future, and present medical treatments and lost wages.
Non-economic Damages
Non-economic damages are different from economic damages. They refer to intangible losses that a victim can experience after a car accident. In a rear-end car accident, victims can recover non-economic damages such as pain and suffering, emotional trauma or distress, depression, and other forms of mental anguish.
Pain and suffering do not only refer to the symptoms felt by the injury victim during the accident but also during the recovery and how the accident affected their life. In most instances, proving pain and suffering or pursuing non-economic damages works the same way as economic damages.
The victim can use their medical records to prove the experiences they have gone through. For example, if they went to psychiatrists and went through therapy, it can also be evidence of non-tangible damages.
Punitive Damages
Punitive damages are rarely awarded in car accident cases. However, if the at-fault party was particularly egregious or reckless, it can be awarded to a victim. To pursue punitive damages in a rear-end collision, victims must prove that:
- The other party’s actions were intentional or malicious
- The at-fault driers showcased a reckless disregard for the safety of others
In general, punitive damages are viewed more as punishment for the at-fault party than compensation for the victim. They are meant to deter similar conduct in the future.
Calculating Damages in Rear-End Collisions
The actual cost of a rear-end collision is difficult to quantify since it depends on the victim’s circumstances and the events leading up to the accident. Generally, victims who have experienced severe injuries and longer recuperation times will receive higher settlement amounts.
For an accurate estimate of the possible compensation you could receive in a rear-end collision, consult a car accident lawyer. A Phoenix car accident lawyer can help victims understand their legal options and deal with insurance companies that might try to minimize their claims.
The Statute of Limitations on Personal Injury Claims in Arizona
If you want to pursue a car accident claim in Arizona, you must adhere to the state’s statute of limitations. This is the legal timeframe in which victims must pursue a claim. In Arizona, the deadline is typically two years after the accident date.
In certain circumstances, the statute of limitations can be extended. However, it’s best to take action as soon as possible, as evidence might be harder to collect in the future. Apart from this, witness statements, which play a crucial role in car accident claims, become more unreliable over time. Insurance companies might even argue your injuries must not have been serious if you take so long to file.
Working with a Car Accident Attorney
Regardless of what type of car accident you were involved in, a car accident attorney can help you pursue a claim and hold the liable parties responsible. Here are some benefits of hiring a lawyer for a rear-end accident:
Gathering Evidence
A car accident lawyer can assist you in gathering evidence. They can contact the local police to gain access to the accident report or speak with healthcare providers to use your medical records in your claim.
Attorneys can also collect photographic evidence or video surveillance footage that might have captured the event. Such evidence plays a crucial in establishing liability. Your lawyer can also prepare witnesses for statements, so it’s essential to get the contact information of anyone who saw the accident.
When you are involved in a car crash, always seek medical attention and gather evidence if possible. Write down the other driver's license plate number, insurance information, and contact details.
Expert Witnesses
In some car accident cases, the other driver or the insurance companies might dispute your claim. They may argue that your injuries were not related to the event. If your car accident resulted from a defective component and liability is difficult to establish, you’ll need expert witnesses.
Car accident lawyers often collaborate with expert witnesses such as accident reconstruction experts or healthcare professionals. Their testimonies can strengthen your claim.
Negotiating With Insurance Company
If you pursue a rear-end accident claim, your case is likely to end with a settlement offer. A lawyer can help you negotiate with the at-fault party’s insurance company for a fair settlement that accurately represents your damages and costs.
If the insurance company or the at-fault party does not wish to extend a fair deal, then your lawyer can help you pursue a personal injury lawsuit.
Trial Advocacy
During trials, a car accident lawyer can help prepare your case and fight for your rights and best interests. Contact a car accident lawyer immediately if you require legal assistance after being rear-ended.
Common Misconceptions Related to Rear-End Collisions and Car Accident Claims
There are many misconceptions related to car accident claims, especially rear-end collisions. A popular misconception is that the driver who rear-ended the front vehicle is always liable. This cannot be further from the truth as the front driver can also engage in negligent driving and cause the crash.
Another misconception is that car accident victims can pursue insurance claims independently. While that might be partially true, the at-fault party's insurance carrier will do whatever it can to minimize your claim. Not to mention that the state follows a pure comparative fault system, and if your claim is disputed, you can be assigned fault and lose compensation. An insurance company’s first and most important duty is to make money. On the other hand, a personal injury lawyer’s first and most important duty is to pursue justice for their clients.
How Wyatt Injury Law Can Assist Rear-End Accident Victims
If you have been rear-ended by a negligent driver, or you rear-ended a front driver, you might have the legal grounds to pursue compensation. At Wyatt Injury Law, we offer free consultations to personal injury victims, and our lawyers work on a contingency fee basis. This means you won’t have to pay any fees unless we win your case.
Contact our law office in Phoenix and tell us about your rear-end collision. Let a dedicated lawyer help you seek justice and fair compensation for your damages and other losses.
