Rear-end collisions are the fault of the driver behind. However, some insurance companies and dishonest defendants bend the truth to blame the plaintiff. Nordean Law shreds these spurious claims and wins its rear-end collision clients 100% of their damages. Rear-end collisions occur when a vehicle slams into the back of a car ahead of it. They frequently occur at intersections, on curvy and hilly roads, and in construction zones.
If you or your loved one gets injured in a rear-end collision accident, contact our office online or call 888-527-1267 to schedule your free consultation with an experienced car accident lawyer in Orange County. Our law firm handles car accident cases on a contingency fee basis, which means we don’t get compensated if you don’t get compensated.
What Are the Most Common Causes of Rear-End Collisions?
Rear-end collisions–and most other auto accidents–are predominantly caused by driver error. However, a small percentage is due to mechanical problems, which is driver error if the vehicle owner neglected maintenance, such as by driving on worn-out brakes. The causes we see most often include the following:
It stands to reason that tailgaters cause many rear-end collisions. We’ve all had the unfortunate experience of another vehicle riding just off our bumper. Besides making people uncomfortable, tailgating is dangerous. When the vehicle ahead of you must stop quickly, chances are good the tailgater causes an accident.
“Keep your eyes on the road” is a familiar refrain of driver’s ed teachers and parents worldwide. People tend to overestimate their ability to multi-task safely. Taking your eyes off the road for even a few seconds can be fatal. Texting and driving causes many rear-end collisions, especially at stop lights.
No mystery here. Alcohol increases reaction times, so drunks tend to rear-end cars at intersections.
Slick pavement reduces braking power, and fog makes it difficult to judge the distance between vehicles, factors that cause many rear-end collisions. But most cases of inclement weather crashes are human errors. Likely, the at-fault driver needed to proceed faster for the conditions, following too closely, or failing to pay attention during difficult driving weather.
Unexpected Changes in Speed
Sometimes, drivers must slam on the brakes to avoid striking something. Often, vehicles behind are following too closely, making accidents inevitable.
When brakes fail, rear-end collisions become a primary concern. The problem may be neglected maintenance, poor service, or a manufacturing defect.
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What Types of Injuries Are Common in Rear-End Collisions?
Rear-end collisions cause many types of injuries, from superficial to fatal. Some of the common injuries include the following:
- Strains, sprains, and muscle tears
- Broken bones
- Organ damage
- Head injuries
- Traumatic brain injuries
- Other serious wounds
Traumatic Brain Injury
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Slip and Fall
Slip and Fall
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Who Is At Fault for a Rear-End Collision?
We should put on the liability for a rear-end collision the driver who hit the other vehicle from behind. The logic is clear: If the driver lacked the space to stop, he was following too closely or distracted, such as by texting.
It applies even when the forward driver brakes suddenly. The motorist behind should follow at a distance that accounts for the sudden slowing or braking of vehicles ahead, a well-known risk.
California Vehicle Code for Rear-End Collision
Though rear-end collisions are usually the fault of the driver behind, it’s important to remember that California is a pure comparative negligence state. Under pure comparative negligence, courts assign a percentage of the liability to each party between 0% and 100%. The plaintiff receives a percentage of his damages according to his comparative negligence. To receive the full amount, he must be 0% at fault.
Rear-end collision cases should be 100% the fault of the driver behind them. While that’s generally true, this does not stop insurance companies from arguing that the forward driver has some comparative negligence. In addition, a dishonest person may tell their insurer a false story that makes the accident seem like their fault.
Nordean Law has seen many cases where the defense or a dishonest defendant abuses comparative negligence. We demolish fabricated arguments.
What Damages & Compensation Can Be Recovered in Rear-End Collisions?
California law permits personal injury victims to seek three types of damages: Economic, general, and punitive. Economic damages cover the direct financial impact of the accident and usually include the following:
- Ambulance bills
- Medical bills
- Intensive care
- Hospital stays
- Physical therapy
- Occupational therapy
- Assistive devices
- Lost wages
- Lost business income
- Lost self-employment income
- Lost benefits
- Property damage
General damages are the non-economic impacts of the accident and include the following:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of consortium
Courts rarely award punitive damages, but for them to apply, the defendant must have acted egregiously.
Contact a Top Rated Orange County Rear-End Collision Lawyer
Drivers who are rear-ended deserve their full damages. The driver behind caused the crash by following too closely or not paying attention. The rear-end collision victim should bear none of the accident’s costs.
But to win 100% of the damages, you must prove that the accident was a rear-end collision due to the other party’s negligence. Insurance companies and some dishonest people may try and turn the case around, blaming you.
In addition, the defense may dispute your damages, claiming injuries resulted from another cause.
Nordean Law puts a stop to these deceptive practices. We shine the light on the truth, so our clients receive their deserved awards.