Rear-End Accidents

Rear-end accidents are among the most common types of car accidents, often resulting in significant injuries and property damage. These collisions occur when one vehicle crashes into the back of another, usually due to factors like distracted driving, speeding, or tailgating.

If you or a loved one has suffered a rear-end accident, legal support will make a significant difference in securing the compensation you deserve. Contact our experienced car accident lawyer from Wilshire Law Firm today at (213) 335-2402 for a free consultation and expert legal assistance.

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Common Injuries from Rear-End Accidents

Whiplash

Whiplash is one of the most common injuries in rear-end accidents. It occurs when the neck snaps back and forth rapidly, causing damage to the soft tissues.

Spinal Injuries

Rear-end collisions can lead to spinal injuries, including herniated discs and fractures, which may result in long-term pain and mobility issues.

Head Trauma

Impact from a rear-end crash can cause the head to hit the steering wheel, dashboard, or window, leading to concussions or more severe traumatic brain injuries.

Broken Bones

The force of a rear-end collision can cause fractures in the arms, legs, ribs, and other bones, necessitating extensive medical treatment.

Liability in Rear-End Accidents

Presumption of Fault

In most rear-end collisions, the law presumes the rear driver is at fault. This is based on the expectation that drivers maintain a safe following distance to prevent such accidents.

Exceptions to Rear-Driver Liability

There are situations where the front driver may be at fault, including:

• Reversing suddenly
• Stopping abruptly without cause
• Having malfunctioning brake lights
• Engaging in reckless driving behaviors

Comparative Negligence in California

California follows the comparative negligence rule, which means multiple parties may be held liable for the accident in varying degrees.

For example, if the rear driver can demonstrate the front driver was partially at fault, the compensation awarded to the front driver may be reduced by their percentage of fault. This means if a front driver is 20% responsible for the accident, their compensation would decrease by that amount.

Determining Fault

Determining fault in rear-end collisions involves analyzing various factors.

While fault often falls onto the rear driver by default, several elements can influence liability:

• Traffic Violations: Any traffic laws violated by either driver can impact fault determination. For example, if the front driver stopped abruptly without cause, they might share liability.
• Eyewitness Statements: Testimonies from witnesses can provide critical insights into the behavior of both drivers leading up to the collision.
• Physical Evidence: Skid marks, vehicle damage, and accident scene photos help reconstruct the incident. Accident reconstruction experts may use this evidence to determine each driver’s actions.
• Police Reports: The responding officer’s report includes details about the accident and any citations issued. This report is often a key piece of evidence in determining fault.
• Video Footage: Dashcam or surveillance footage can offer a clear view of the events leading up to the collision.

Traffic Violations

Traffic violations play a crucial role in determining fault.

Common violations in rear-end collisions include:

• Tailgating: Following too closely is a common cause of rear-end accidents and is often a key factor in assigning fault to the rear driver.
• Distracted Driving: Using a phone, eating, or other distractions can lead to the rear driver’s liability for a rear-end collision.
• Speeding: Driving at excessive speeds reduces reaction time, making it difficult to avoid a collision when the front vehicle slows down or stops suddenly.

Eyewitness Statements

Witnesses can provide unbiased accounts of the accident. Their statements might include:

• The behavior of the drivers before the collision
• Any erratic driving or sudden maneuvers
• Observations about speed and following distance

Physical Evidence

Physical evidence such as:

• Skid Marks: Indicate braking attempts and can help estimate speed.
• Vehicle Damage: The extent and location of damage on both vehicles provide clues about the impact’s force and angle.
• Accident Scene Photos: Offer a visual context of the scene, reconstructing the event.

Police Reports

Police reports are comprehensive documents that include:

• A detailed account of the accident
• Any citations issued
• Preliminary fault assessment based on the officer’s observations
• Statements from drivers and witnesses

Video Footage

Dashcam or surveillance footage can show:

• The sequence of events leading up to the collision
• Actions of both drivers
• Traffic conditions at the time of the accident

Steps to Take After a Rear-End Accident

Medical Attention

Seek immediate medical attention, even if you feel fine, as some injuries may not immediately show symptoms. Prompt medical evaluation ensures your well-being and provides documentation that can be crucial for your legal case.

Preserve Evidence

Meticulously documenting every piece of evidence will bolster your case.

Key pieces of evidence include:

• Photos: Pictures of vehicle damage, the accident scene, and any visible injuries.
• Witness Information: Contact details from any witnesses who can provide statements about the accident.
• Communications with Insurance Companies: Document every communication with the insurance companies in case you run into issues later.

Reporting the Accident

Notify your insurance company about the accident as soon as possible. Provide them with detailed information, including:

• Date, time, and location of the accident
• Description of what happened
• Contact and insurance information of the other driver(s)
• Police report number

Be Careful When Talking to Insurance Adjusters

Insurance adjusters may try to minimize the payout. It’s ok to give them objective details (like those mentioned above), be cautious with your statements and consider having your lawyer handle communications. An experienced attorney can negotiate effectively on your behalf and ensure you receive fair treatment.

Consulting a Lawyer

Consult a personal injury lawyer after ensuring your safety and reporting the accident. A lawyer can help you understand your rights, gather additional evidence, and navigate the complexities of filing a claim. Legal representation can significantly increase your chances of receiving fair compensation.

Do Not Post on Social Media

Refrain from posting about the accident or your injuries on social media, as insurance companies and opposing parties can use these posts against you in your claim. Anything you share publicly might be taken out of context to undermine your case.

Do Not Make Any Statements of Fault

Even if you think you’re at fault, avoid admitting it or making statements that opposing parties and insurance companies can interpret as admitting fault at the scene or when speaking with insurance companies. These statements can jeopardize your ability to claim compensation. Fault is a complex legal process best left to the authorities.

Compensation for Rear-End Accidents

Medical Expenses

Medical expenses are often the largest component of a personal injury claim. They include:

• Immediate Medical Costs: Expenses incurred right after the accident, such as emergency room visits, ambulance fees, surgeries, and hospital stays.
• Ongoing Treatment Costs: Expenses for physical therapy, rehabilitation, and regular follow-up appointments.
• Future Medical Expenses: Costs for anticipated future medical needs, such as additional surgeries, long-term therapy, or specialized medical equipment.

Lost Wages

Lost wages compensation covers the income you lose because of your injuries. This includes:

• Past Wages: The income lost from the accident until recovery or settlement.
• Future Income: Compensation for reduced earning capacity if your injuries prevent you from returning to your previous job or working the same number of hours.
• Loss of Employment Benefits: Coverage for lost benefits, such as health insurance, retirement contributions, and other employment perks.

Pain and Suffering

Pain and suffering compensation addresses the physical and emotional toll of the accident. This includes:

• Physical Pain: Chronic pain, discomfort, or any ongoing physical issues resulting from the accident.
• Emotional Distress: Anxiety, depression, post-traumatic stress disorder (PTSD), and other mental health issues caused by the accident.
• Loss of Enjoyment of Life: The impact on your ability to enjoy daily activities, hobbies, and overall quality of life.

Property Damage

Compensation for property damage includes the costs associated with repairing or replacing personal property damaged in the accident. This encompasses:

• Vehicle Repair or Replacement: The cost to fix or replace your vehicle, including rental car expenses during repairs.
• Personal Belongings: Reimbursement for items damaged inside the vehicle, such as electronics, clothing, and other personal effects.

Determining the Value of Claims

The authorities will look at three factors to value your claim.

Here is a breakdown:

• Severity of Injuries: The more severe the injuries, the higher the potential compensation. This includes medical expenses, ongoing treatment, and the impact on the victim’s quality of life. This determination is somewhat subjective, so having an experienced lawyer on your side will help maximize your compensation.
• Economic Damages: These are tangible losses like medical bills, lost wages, and property damage. They are usually easy to calculate since each equates to a specific monetary value.
• Non-Economic Damages: These include pain and suffering, emotional distress, and loss of enjoyment of life. These are also subjective, further underscoring the importance of experienced legal counsel fighting for you.

Calculation of Damages

Adjusters and courts calculate damages using one of two methods:

• Multiplier Method: The total economic damages are multiplied by a number to generate non-economic damages. The multiplier reflects the severity of injuries and their impact on the victim’s life.
• Per Diem Method: They will assign a daily rate to the victim’s pain and suffering, which is then multiplied by the number of days they are affected by the injuries.

California Rear-End Accident Statistics

Rear-end collisions are the most common type of traffic accident in California, accounting for 27% of all crashes.

California Traffic Laws

California has stringent traffic laws to prevent rear-end collisions:

• Following Distance: Drivers must maintain a safe following distance. According to California Vehicle Code 21703, a driver should not follow another vehicle more closely than is reasonable and prudent, considering the speed of the vehicles and the traffic conditions.
• Speed Limits: Speeding contributed to 29% of fatal accidents in one recent year​.
• Distracted Driving: California laws prohibit the use of handheld devices while driving. Distracted driving accounted for 21% of all accidents, highlighting the importance of these regulations​​.

Economic Impact

Rear-end collisions have a significant economic impact, including:

• Medical Expenses: Costs associated with treating injuries from rear-end collisions contribute heavily to overall medical expenses. In one recent year, there were approximately 165,978 injuries from traffic accidents in California, translating to substantial medical costs​.
• Vehicle Repair and Replacement Costs: Another major economic burden is the cost of repairing or replacing damaged vehicles. The frequency of rear-end collisions exacerbates these expenses.
• Lost Productivity: Injuries from rear-end collisions can lead to missed workdays, resulting in lost wages and decreased productivity.
• Insurance Costs: Frequent rear-end collisions contribute to higher insurance premiums for all drivers in the state.

Regional Differences

The impact of rear-end collisions varies by region:

• Urban vs. Rural Roads: While 56% of injuries occurred on urban roads, rural roads were the site of 60% of fatal accidents​​. This disparity highlights different risk factors in urban and rural settings.
• City Statistics: Los Angeles has the highest number of accidents, with 36,562 incidents, followed by San Diego, San Francisco, and Sacramento.

Get Justice, Get Your Life Back

Blindsided by a rear-end crash? The impact doesn’t end at the bumper. 

We don’t just fight for compensation—we fight for your future. With millions in compensation secured for our clients, will you be our next success story?

Our formula for success:

1. Meticulous investigation to reveal the complete picture
2. Aggressive negotiation backed by ironclad evidence
3. Courtroom excellence that insurance companies fear

You’ve been hit hard enough. Let us absorb the legal blows while you focus on healing.

Ready to reclaim your road ahead? Here’s your next move:

• Free consultation: Understand your rights, explore your options
• No win, no fee guarantee: Your peace of mind is our priority
• Dedicated support: From crash to compensation, we’re with you

Don’t let a rear-end accident derail your life. Contact Wilshire Law Firm at (213) 335-2402 today.

Because you deserve more than just a settlement—you need a team that treats your recovery like their own mission.

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