I Was Rear-Ended Should I Get a Lawyer? | Wyatt Injury Law

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I Was Rear-Ended Should I Get a Lawyer?

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Car Accident

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.

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Real Clients, Real Success Stories

Justin Wyatt represented my husband after a motorcycle accident. He and his staff were personable, professional, and so hard working. He cared about us, and it showed. It was a difficult time for us, but we were able to focus on my husband's recuperation, knowing that Justin was taking care of everything else for us. Thank you so much!

- Sara Hendrickson

I was referred to Wyatt Injury Law by a friend after an accident with uninsured driver who ran a red light. After feeling pretty hopeless and being turned down by 3 other attorneys (one flat out told me cases like mine are a pain the a** and he just wants to retire), I almost gave up on the whole thing. After getting off the phone with Justin, I instantly knew I was in good hands. He and his team were excellent at communicating every step of the process to me and keeping me in the loop. His team made a very well organized effort in getting me the rightful reimbursement for my injuries, pain and suffering. I was very happy with the outcome of my case and would not hesitate to refer Wyatt Injury Law to my friends should any one of them need such personal injury representation in the future.

- Irene Amrine

Justin is incredible! I can't say enough wonderful things about him! He helped me through a very difficult time in my life and career. He provided guidance, understanding, and moral support. I never hesitate to refer any of my clients to Justin! I know he will take excellent care of any person who calls, visits, or meets with him! He is a wonderful human being!

- Donna Fendon

I, my husband, and my best friend from college were all involved in a horrific car accident on one of the local freeways. We were rear ended by a pickup truck and we all suffered significant injuries. Justin Wyatt was recommended to us by a trusted friend. From the moment we first spoke to Justin, we knew we were in the right hands. He is extremely knowledgeable, professional, and tenacious. He and his team worked tirelessly to settle our case and exceeded our expectations. We highly recommend Wyatt Injury Law to anyone in need of a personal injury attorney.

- Tracey Sahnow

The group at Wayatt Injury Law truly went above and beyond in handling my personal injury claim. They diligently explained every situation in detail to me and answered all of my questions. I had the pleasure of dealing with Justin, who from the very start, was upfront and realistic regarding the situation and expectations. In the end the Wyatt Injury Law maximized my claim for which I am very grateful. I was very fortunate to fall into the care of the Wyatt Injury Law, PLLC, and I would strongly recommend them to anyone in need of a law firm to handle a personal injury matter.

- Maria Bosovski

Justin took care of my husband & I after we were rear ended on the freeway and our vehicle was totaled. We were referred to him by a friend. He took great care of us and we just finished our case. He and his staff were great always there to help and answer any questions we had. He walked us through the whole process. Justin is very knowledgeable and will fight for you. He truly cares about his clients and is always a phone call or text away. While we were in the middle of our case with him our son was in a serious motorcycle accident and he is also taking care of him as well. We will definitely recommend Justin at Wyatt Injury Law to anyone in need! Thank you Justin!!!

- L Vail

Justin and his team were amazing. I started my claim with another attorney and for over a year there was no movement on my case. Justin came recommended by a friend and from the first appointment with him it was night and day compared to my dealings with a previous attorney. Expectations were set early on and he was able to close out my injury claim within 3 months! Justin Wyatt and his office did an outstanding job and they were able to secure an awesome settlement.

- Blanca Garcia

Justin Wyatt and his associates are professional, proactive, informative, and kind. They kept me up to date on the status of my case, communicated professionally with all parties involved, and resolved the matter completely and efficiently. Most important to me, Justin is a friendly, honest, engaging guy who was kind from start to finish. He explained every aspect of the case in layman's terms, making it easy for someone without a legal background to understand. If you want quality legal representation from an honest and ethical attorney, contact Just Wyatt. I'm happy I did and wouldn't hesitate to work with Justin again.

- Mindy K

Justin and his team have helped me immensely after I was a victim of a T-Bone car accident. I was hesitant to bring in a lawyer into my case, but Justin and his team reassured me that everything would be taken care and has gone above and beyond what I could have asked for. Justin handled everything very professionally, communicated with my party and I very often, and saw that everything went as smoothly as possible for me. I cannot recommend him enough, so if you're looking for the best injury lawyer, Justin and his team with Wyatt Injury Law is the route you want to go. Thank you, Justin!

- Cori

The whole team at Wyatt Injury Law was fantastic. They handled everything and made the process easy for me. I had contacted many personal injury attorneys (the big names you see on billboards and buses) and no one would take my case. If it wasn't for my cousin convincing me to pursue this personal injury case I wouldn't have followed through. It took months to find Wyatt Injury Law but well worth it. Don't hesitate to give them a call.

- Shelley Reynolds

From day one of having Justin & his team was such a comfort. They gave me the needed confidence to stay focused and positive, on such a difficult case. More importantly, they treated me as a friend and not a client. You and the team did such a wonderful job in all aspects of the case. Ya'll worked tirelessly to ensure the best possible outcome on my behalf, and I can't thank you enough, and will always be grateful for all of your efforts.

- Luis Avila

Whenever anyone of my friends or family is in need of a personal injury attorney, I don't hesitate to recommend Wyatt Injury Law. Justin and his team are fair-minded, professional, and do everything in their power to ensure a good outcome for their clients. Don't take on an insurance company yourself, call Wyatt Injury Law FIRST. You won't regret it!

- Jim Summers

I found Wyatt's group by searching through Korean Times pages. My husband is more comfortable with speaking Korean, but Justin Wyatt helped my husband with his best work, start to end. He and his staff were personable, very knowledgeable and so hard-working. He cared about us, and was easy to talk to. It was not a fun time for us to go through all that, but we were able to get it done in a short time, Justin took care of everything in time and went through the steps with us. Thank you so much me and my husband really appreciate you!!

- Julie Cha

Justin's counsel was extremely beneficial to me and my situation. I was dealing with a situation involving car accidents and insurance and he helped me understand what I should do. You can tell he has acute judgement and a good character. Highly recommend

- Spencer

Justin and his whole team did an amazing job with my case I can't thank them enough, professionalism, high quality, responsive. I would highly recommend if you or your loved one looking for the best injury lawyer. Contact with Wyatt injury law firm PLLC. Thank you Justin.

- Samuel

I was referred to Wyatt Injury Law through another referral in May of 2022. Upon first speaking with Justin and his team I knew that I was going to be taken care of and that is exactly what happened! This process took a little over 2 years to complete, and there were numerous hurdles to jump over, but Justin never took his foot off the pedal. I would highly recommend Justin Wyatt and his team to take care of any of your injury law needs!

- Jacob Knudson

I had the opportunity to work with Justin’s firm over the last year. Justin is an exceptional legal professional and assisted me with an injury settlement case. His level of professionalism and expertise was apparent from the very beginning, and I felt confident that I was in capable hands. Justin and his team kept me updated on the progress of the case every step of the way. He handled this case with sensitivity and tact. Overall, I am extremely satisfied with the services provided by Wyatt Injury Law firm. They demonstrated exceptional communication skills and were able to effectively represent my needs and concerns throughout the process. I would highly recommend their services to anyone in need of legal assistance. Thank you for your outstanding service Justin!

- Edward Appiah Boateng