It happens every day; someone is driving responsibly and minding their own business when out of nowhere they’re hit from behind by another car. These rear-end collisions are commonplace in Menifee, but that doesn’t make them any less dangerous because a driver is usually not aware they’re about to be involved in a collision until it happens and cannot brace for impact. According to the National Transportation Safety Board, nearly 30 percent of accidents are rear-end collisions, making them the most common type of accident in the country. Over half a million people were hurt and 2,350 died in these accidents in 2016 alone. A staggering 87 percent of these accidents happened because the rear driver wasn’t paying attention. Cell phones, distracted driving, and other negligent behavior behind the wheel make these collisions avoidable and far too common. If you’re hurt due to someone’s negligence in a car accident, contact an experienced Menifee Rear-End Accident Attorney to see if you may be entitled to compensation for your injuries.
Rear-End Accident Injuries
Drivers who are rear-ended usually have no notice they’re about to be hit, so they have little or no time to anticipate a sudden impact. Also, drivers who rear-end other drivers often can’t predict a lead vehicle suddenly slamming on their brakes, so the accidents often result in severe injuries even at low speeds or if neither car appears damaged. Back injuries, neck injuries, strains, sprains, head injuries, and brain injuries may all be sustained in one of these collisions.
However, whiplash is the most common injury resulting from rear-end accidents. Because the impact can send a victim’s head into unnatural, quick movement it can damage the soft tissue around the neck. Often, victims may make their injury worse because symptoms like headaches, fatigue, nausea, numbness, dizziness, and pain can wait days to present; the victim may not know they’re injured and fail to seek treatment. This delay is one reason it’s important to seek evaluation and medical treatment right away and go to any follow-up appointments suggested by your doctor. A proper diagnosis can protect your health as well as help document your injuries for any future legal claims you may bring.
How Do I Win My Case?
Determining the responsible party in a rear-end accident is usually straightforward. Drivers have a legal duty to others to act as a reasonably prudent person when operating a vehicle, so drivers who manage to rear-end someone else on the road are almost always at fault for the accident. Speeding, tailgating, unsafe lane changes, distracted driving, or even driving under the influence are all factors that can contribute to these collisions. The driver responsible for behaving negligently will be responsible for a victim’s injuries unless they have a valid legal defense.
However, in a few situations the driver who was rear-ended may have engaged in unsafe, negligent behavior that contributes at least partially to the accident. For example, lead driver could be negligent for:
- Brake-checking the rear vehicle (slamming on their brakes for no reason),
- Shifting their vehicle into reverse suddenly,
- Operating a vehicle with broken taillights and/or reverse lights, or
- Continuing to operate a vehicle with mechanical problems such as a flat tire without using hazard lights or removing the vehicle from the roadway.
If more than one party may be responsible for the accident and your injuries, California courts may use comparative negligence to determine who recovers and how much. The court will review the facts and assign a percentage of blame appropriately between everyone involved. Any award you receive will be reduced by your portion of responsibility for the accident.
How Much Can I Recover for My Injuries?
Once you’ve proven someone’s negligent conduct caused the accident and your injuries, you may be able to receive to compensate for the harm you’ve suffered. No amount of compensation will erase the trauma you’ve endured, but the court will attempt to make you whole for harm you suffered from the accident. In addition to calculable injuries like medical expenses, lost income, and property damages, victims may be given an award for injuries like pain and suffering or loss of consortium that don’t have a fixed price tag.
Some cases may warrant an additional damage award to victims to punish a wrongdoer’s vile, reprehensible conduct and discourage them and others from repeating the behavior. Because the burden of proof required for punitive damages, as well as the facts a judge or jury has complete discretion whether to award them, it’s advisable to consult a skilled Menifee Rear-End Accident Lawyer to navigate these tricky legal waters.
Contact an Attorney Today
Any rear-end car accident can wreak havoc on your life financially, physically, and emotionally in the blink of an eye. If you were involved in one of these traumatic collisions, it’s important to contact the skilled Menifee Rear-End Accident Attorneys at Walton Law, APC today to look out for your health and protect your rights. We have years of experienced providing vigorous, dedicated representation for victims like you and get results; we’ve recovered millions of dollars to compensate them for their injuries. Time is not on your side, so contact us today to schedule your no risk, no obligation initial case evaluation. Call us 24 hours a day, 7 days a week at (866)-338-7079 or through our online Contact Page to set up your consultation. The confidential review is free, and you pay nothing until we win your case. Let our attorneys fight to get the best outcome possible for you from an unfortunate situation so you can focus on getting your life back.