Some of the most common types of accidents involve rear-end crashes. Most drivers seem to know that the rear driver is almost always at fault in a rear-end accident. So do rear-end accident lawyers. This is because that's the person who has the last chance to prevent the crash. The front driver has no control over the situation. The rear driver can either merge into a different lane, slow down, or beep.
This is why the courts typically hold rear drivers responsible for damages in this kind of case. Even insurance companies tend to recognize this rule of thumb. If the insurance company denies your accident claim for any variety of reasons, then you need to call and talk to a legal team of personal injury lawyers at our law firm right away..
Regardless of the general rule regarding drivers involved in rear-end accidents, there are exceptions to this rule. There are times when the front driver can be held partially or totally at fault. This is what makes these cases so complex. Your personal injury attorney is going to have to prove fault.. They're also going to have submitted proof of your injuries. If they're able to do this, you'll have a good chance of collecting damages. The only way to know for sure is to call and schedule your free, initial consultation with an experienced rear-end accident lawyer. Accident attorneys with our firm work on a contingency fee basis so you pay nothing for this first meeting.
When you think about it, the rule about the rear driver in rear-end collisions makes sense. It's the rear driver who sees that the collision is about to take place. They have the power to break and avoid a collision. But there are times when they do everything they can and the crash still happens. The way the court sees it, the rear driver has the last possibility to avoid the rear-end accident. That's why they're typically presumed to be at fault. But that doesn't mean accident attorneys don't need to prove negligence. In order to win you damages, they're going to have to prove the following:
It's only you've proven these four (4) elements that you can show the defendant was a negligent driver. After this, your injury attorney will still need to prove that you were hurt.. You also have to worry about the other driver claiming you were at fault. For example, if your brake lights weren't working, you may be partially at fault.
Most rear-end accident victims suffer similar types of injury. One common injury in this type of accident is whiplash which occurs in the soft tissue neck area. Many rear-end car accidents also leave their victims with back and neck injuries. Depending on the severity of your injuries, you may need surgery or physical therapy. This can be quite disruptive. That's why your experienced auto attorney will demand compensation for lost wages and medical bills. You shouldn't have to pay for this care out of pocket. The responsible party or their insurance company should. Most settlements include damages for this sort of loss.
As with other types of traffic accidents, rear-end accident victims are entitled to a certain extent of damages. You deserve compensation for damages. Most of these are financial losses that are economic in nature. Some of the economic damages your auto accident attorney can demand include:
In addition to economic damages, you can also demand non-economic damages in many motor vehicle accidents. The primary kind of non-economic damages involved in these accidents is pain and suffering. Another type of non-economic compensation is punitive damages. However, it is very rare that the court awards these in motor vehicle accident cases. Since most of these cases end up in settlements, your experienced attorney won't have to worry about this.
Most motor vehicle accidents settle out of court. 95% of these cases end up with settlements. Attorneys don't want to go to trial. Trials are expensive and time-consuming. You'll have to pay for medical experts and accident reconstruction experts. Plus, you run the risk that you'll lose. You're much better to offer to negotiate a fair settlement. This way, you get your money in a lump sum and on an immediate basis. It also means your accident lawyer won't have to worry about missing the statute of limitations deadline.. Since you only have three (3) years to file suit. If you miss this date, you won't be able to sue at all.
Ideally, the other driver's insurance company will cover any medical care you need as part of your claim. Car accident settlements must include an amount designated for insurance companies.. If this isn't the case, then you may need to call an experienced personal injury lawyer at our firm. Your experienced auto accident lawyer has handled rear-end accident cases like this before.. They can review your claim and give you an idea of what it may be worth. They understand the legal process so they can also answer any questions you may have. In order to do that, you have to call and schedule your free, initial consultation.
You can bet the defendant in your lawsuit will have a lawyer working for them. If you want to be on an even playing field, you need to have an attorney working for you. Clients enjoy a free initial consultation with Firouzbakht Law Firm and you don't have to pay a dime unless your case is settled. Let our team fight to get you justice.
