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December 25, 2022 by Brooklyn Injury Lawyer

Rear-end Collisions

Car Accident Lawyer

Rear-end collisions are the most common type of car accident. A rear-end collision happens when the front part of one car crashes into the back of another car. An experienced car accident lawyer explains that most rear-end collisions happen when a car is tailgating or following a car in front of it too closely. Rear-end collisions can also happen when a driver becomes distracted and makes the mistake of not paying attention to a vehicle in front of them and does not have enough time to slow down or stop to avoid a car accident. High-speed rear-end collisions can cause spinal cord injuries, crush injuries and broken bones. Even low-speed rear-end collisions can cause serious neck and back injuries.

Common Injuries from Rear-End Collisions

Whiplash is the most common type of injury caused by rear-end collisions. When a car is hit from behind in a rear-end collision, the driver’s body is jerked forward and the head and neck are “whipped” back and forth, causing whiplash. A driver can also suffer muscle, ligament and nerve damage in whiplash cases. Another serious type of injury that occurs in rear-end collisions is traumatic brain injury. This type of injury is caused by the brain smashing against the skull during the trauma of a rear-end collision. The resulting brain damage can cause temporary or permanent disability or may lead to death. A rear-end collision can also be fatal if the force of the impact causes a driver to suffer internal organ damage and internal bleeding.

Liability and Rear-End Collisions

After a rear-end collision, if a driver is severely injured, they can seek compensation from the insurance company of the driver who hit them. The insurance company will usually make an “initial settlement offer,” which in most cases is less than $15,000, to cover losses such as medical expenses, lost wages and property damage. If this settlement is not enough to pay for losses suffered in the car accident, the injured driver may want to file a personal injury lawsuit. Lawsuits that are filed after a rear-end collision are based on the legal concept of negligence. When a driver rolls, or slams into the back of someone else’s car and the car is parked legally or stopped legally at a traffic light or stop sign, the driver who hits the car is usually presumed guilty of negligent driving. This presumption of negligence is based on the universal road rules that require all drivers to follow other cars at a safe distance. In the event that a car in front abruptly stops, the car behind them should have enough distance to stop without causing a car accident. Some states have enacted laws that require drivers to leave a “reasonable and prudent” distance between their car and a car in front of them. If a driver does not leave enough following distance and a rear-end collision happens, the driver may be found guilty of violating state law and this can be used as proof of negligence in a personal injury lawsuit. 

Thanks to Brad Lakin at Champions for the Injured for this Information.

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