Who Pays for Rear-End Collisions?

It is usually the rear motorist who pays for injuries and damage from a rear-end collision. That motorist or their insurance company is often presumed to be financially responsible due to laws about following from a safe distance and paying attention to the road.

However, fault for a rear-end accident is not always so straightforward. The parties may dispute liability. Insurance companies should consider the entire set of circumstances behind the accident before determining financial responsibility, but they will only do this if you fight for your side of the story.

Always seek representation from a Tulsa car accident lawyer who can prove a negligent driver caused your rear-end collision, whether they were in the front or rear vehicle.

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The Front Motorist

While the rear-ending motorist is often liable for failing to maintain a safe distance from the vehicle in front, the motorist in front can also contribute to a rear-end accident. For instance, if a motorist stops abruptly without reason, they unnecessarily increase the likelihood of a rear-end accident.

A Motor Vehicle Manufacturer

Vehicle defects can lead to rear-end accidents.

Defects in certain vehicle components may be especially likely to cause rear-end accidents, including:

• Brakes
• Tires
• Steering components
• Engine components

A rear-end collision may result if a vehicle stops suddenly or cannot brake because of a defect.

A Municipality

Municipalities oversee the roads that motorists travel on.

Those municipalities have a duty to maintain these roads, which means addressing:

• Potholes
• Uneven pavement
• Defective traffic lights
• Absent or fallen signage
• Dangerous intersections
• Dangerous work zones
• Debris
• Any other hazards that can lead to motor vehicle accidents

There can be strict deadlines for suing municipalities. You should hire a car accident lawyer as soon as possible to ensure filing deadlines do not expire.

A Pedestrian, Bicyclist, or Other Non-Motorist

Some rear-end accidents happen because motorists have to brake to avoid hitting:

• A pedestrian who enters the roadway unexpectedly
• A bicyclist crossing the street without the right of way
• A scooter rider entering traffic without the room to do so safely
• Stopped traffic

When a non-motorist causes an accident, you may hold them financially responsible for any rear-end accident their actions trigger.

A Driver’s Employer

Employers are often liable for their employees’ actions. If those actions include causing a rear-end accident, the employer may share financial responsibility for their employee’s actions.

Many of these potential at-fault parties will have insurance covering their negligent actions. Therefore, you may hold an insurance company financially responsible for your accident-related damages.

The Cost of Rear-End Accidents

Auto accidents cause costly economic damages. You may also suffer several non-economic damages because of injuries and the trauma of being in a severe collision.

Some of the specific types of harm rear-end accident victims experience are:

• Healthcare costs: Your medical costs will be vital to settlement demands. Your attorney will obtain medical records from your doctor and evaluate any treatment you will need in the future.
• Pain and suffering: Attorneys consider the emotional, psychological, and physical harm their clients experience. They will categorize certain damages as pain and suffering, which may include anxiety, depression, physical pain, post-traumatic stress disorder (PTSD), and lost quality of life.

• Professional harm: A rear-end accident victim may lose income and earning power, lose the chance to earn promotions and bonuses, and even lose their career if injuries are disabling.

• Disabilities: Disabling injuries can cost far more than non-disabling injuries. Those with disabilities may need lifelong rehab, medical equipment, a new vehicle, and other items and services that your car accident attorney will consider.

• Mental health treatment costs: Your lawyer will value the cost of any medications, counseling, and other mental health treatments you need after the accident.
• The loss of a loved one: While rear-end accidents are not always the most dangerous type of accident, they can be fatal when the collision happens at a high speed. Those who lose loved ones in fatal accidents may seek compensation for funeral costs, pain and suffering, lost financial support, and the other types of harm a sudden death causes.

Attorneys do not guesstimate when it comes to clients’ settlement values. Your lawyer will determine the exact cost of your damages, and they will pursue that sum relentlessly from liable parties.

Do I Need a Car Accident Lawyer?

There are many potential reasons why you should work with a car accident attorney, including:

• Your injuries: Broken bones, concussions, whiplash, and other injuries from rear-end collisions can cause pain, limit your physical abilities, and make it difficult to do the most routine tasks. These injuries may also make handling your insurance claim or lawsuit difficult.

• Your mental health struggles: Auto accidents can cause severe mental struggles in victims. If you are anxious, depressed, sleep-deprived, or experiencing any other mental health struggles, handling your own case can worsen your symptoms.

• Your inexperience: If you are not experienced in handling insurance claims or lawsuits, this inexperience can affect the success of your case. You may have to spend time and energy (which you can’t get back) simply learning about how to handle your case. Then, you’ll face the daunting task of securing a fair financial recovery from liable parties.
• Your need for financial support: A law offers much to their client, including financial support. Your law firm will handle all case costs and invest resources (like expert services) that are highly valued.

Car accident attorneys usually use contingency fees to help their clients. This means you don’t pay any upfront fee to the firm. Your attorney and their team will pay the entire cost of completing your case, and they will receive a fee only if you receive a settlement or verdict.

Insurance Companies May Make It Difficult to Obtain a Fair Settlement

Insurance companies are one reason why many rear-end accident victims hire lawyers. While some insurers handle claims in good faith, others make it difficult for accident victims to secure fair settlements.

Some bad-faith insurance tactics your car accident lawyer will handle for you include:

• Unfairly denying your claim
• Undervaluing your accident-related losses
• Pressuring you to accept a lowball settlement offer
• Being misleading about the details of insurance policies
• Stalling the claims process
• Coaxing an accident victim to say they are at fault for the collision

Hopefully, insurance companies will handle your claim(s) with efficiency and integrity. If they don’t, a lawyer will ensure you don’t have to deal with bad-faith tactics.

Services You’ll Receive from Your Car Accident Attorney

Effective lawyers are detail-oriented, full-service counselors for accident victims. This means your attorney will handle the entirety of your case, including:

Leading Communications

Your lawyer will immediately take over case-related communications. This is important because:

• You won’t have to interact directly with insurers (as that can lead to a rights violation)
• Attorneys work with paralegals and other team members who can ensure prompt communication with insurers and others involved in your case
• Your lawyer will keep pressure on insurers to move your claim forward
• You won’t be bothered by case-related phone calls and letters

Your attorney will provide and request the necessary information from insurers so your claim progresses efficiently.

Establishing Fault

Your lawyer will investigate the rear-end collision to determine who is responsible for your damages. This starts with identifying the cause of the collision and who prompted the accident.

Organizing Evidence

Attorneys build winning cases with compelling evidence, which can include:

• Video of the accident
• Eyewitness accounts
• Expert testimony about why the accident happened
• Police reports
• Reconstructions of the accident

Photographs of damaged vehicles may also help prove who hit who.

Documenting Damages

Your case will include a detailed, documented record of your damages.

Documentation of those damages may include:

• Your doctor’s diagnosis and notes about your injuries
• Your doctor’s treatment plan (which may include all necessary medical services)
• Medical bills
• Past income records
• Invoices for vehicle repairs

A mental health expert can also detail your pain and suffering and detail a treatment plan. Your lawyer will gather any documentation showing the full cost of your rear-end accident.

Negotiating a Settlement

Your lawyer will meet with or call insurance companies and other liable parties and:

• Present evidence showing who caused the accident
• Explain how they calculated your settlement value
• Present documentation of your damages
• Make a comprehensive case that results in settlement demands

Settlement negotiations are a surprisingly complex and unpredictable process that presents many challenges. Having an experienced attorney lead negotiations for you may provide peace of mind as you focus on recovery.

Going to Trial (if Necessary)

Most rear-end accident cases end with settlements, but you never know how your case may unfold. Those responsible for your damages may never offer a fair settlement, in which case going to trial may be necessary.

Your lawyer will guide you through the trial if it becomes necessary. While trials can take months or more than a year, the reward can be immense.

How Do I Decide Which Law Firm to Hire?

You can choose a rear-end collision after weighing all relevant information, which includes:

• Results they have achieved in other car accident cases
• Reviews from former clients, which may tell you the highlights and lowlights of a given law firm
• Whether the law firm’s branding and messaging resonate with you
• Whether the law firm’s representatives impress you during the consultation

You may also consider any recommendations you receive from friends and family.

You can identify law firms through:

• Internet searches: You may search for “car accident lawyer near me” and review law firms that serve your area. You may find case results, reviews, and other valuable information about a law firm on the internet.
• Recommendations: Friends, family, or coworkers may recommend a car accident attorney they have used. These recommendations may be worth acting upon, especially if the person speaks glowingly of the law firm.
• Local advertisements: If a law firm advertises in your city, you know they can serve you. While you should do additional research about the firm, it may be worth calling local firms for free consultations.

You can weed out law firms based on case results, reputations, and other criteria. You should be 100 percent confident in any law firm that you hire.

Why Many Rear-End Accident Victims Trust Their Case to a Lawyer

There are many reasons to let a car accident lawyer lead your case, including:

• The law firm’s experience with auto accident cases
• The law firm’s financial support, which may include hiring experts to contribute to the case
• The law firm’s ability to handle every detail of the case (which will ensure you can focus on your health)

You may have plenty to worry about between your recovery and your personal obligations. By having a lawyer represent you with insurers and other liable parties, you can continue to focus on what you can control—your physical and psychological recovery.

Don’t Wait Any Longer to Hire a Car Accident Attorney

Lawyers have a limited time to file cases. If you miss the filing deadline, you may be unable to seek the compensation you deserve. The sooner you hire a lawyer, the sooner they can secure evidence and begin resolving your case.

Do not delay your search for your lawyer. Time is of the essence, so find your Tulsa personal injury attorney as soon as possible.

 

 

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