There is a perception that a rear-end collision is only a minor accident, but statistics show that people who experience these accidents often have severe injuries and losses. In the days following a rear-end collision, victims may notice additional injuries and symptoms related to the accident that they did not see before. They may feel overwhelmed, attempting to navigate medical appointments, medical bills, the inability to return to work, and pain and suffering.
If you experienced a rear-end accident, you might be able to pursue justice from the negligent party. Consider speaking with the legal team at Ben Crump Law, PLLC, about your accident. Call (844) 730-0233 for a free consultation and learn how an Oklahoma City rear-end collisions lawyer might be able to help you.
Taking Action After a Rear-End Collision
According to the Centers for Disease Control and Prevention (CDC), 90 people suffer fatalities from car accidents daily, including rear-end collisions. If you have experienced a rear-end collision, you may want to take the following actions:
- Obtain an official copy of the police report.
- Seek medical evaluation and treatment as soon as possible, especially if you have not already done so.
- Take photographs of your injuries as well as any damage to your vehicle or property that occurred due to the rear-end collision.
- Keep a detailed diary or record of how the rear-end collision has impacted your life and affected you physically and emotionally. Include your pain and suffering levels as well as activities you can no longer perform or enjoy since the accident.
- Make sure to keep all medical bills in one place, and even take into account how far certain appointments are for gas mileage and hotel stays. Make sure to include hospital stays, diagnostic tests, prescription medications, and therapy needed (including psychological counseling for post-traumatic stress disorder (PTSD) or other mental anguish related to the rear-end collision).
- Request a full copy of everything regarding your wages and compensation from your employer, including vacation and sick leave taken, missed bonuses and promotions, and any potentially lost employee benefits or pension contributions.
- A full detailed listing of all repair and/or replacement costs related to the damage of your vehicle.
For a free legal consultation with a rear-end collisions lawyer serving Oklahoma City, call (844) 730-0233
Potentially Liable Parties in a Rear-End Collision
In most rear-end collision cases, the driver in the back will remain liable and responsible for any injuries and losses experienced by the driver in front of them. There are instances, however, where a driver in the front will remain legally liable due to their negligence. Making sure to carefully examine the police report will help a victim determine who is considered responsible for the accident. A negligent party’s insurance company will then have the legal responsibility to compensate victims for their injuries and losses.
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Insurance Company Settlement Offers
A negligent party’s insurance company will then have the legal responsibility to compensate victims for their injuries and losses. However, insurance companies may attempt to offer low settlements to victims that will not cover their accident-related expenses.
In some cases, insurance companies will quickly throw out an amount to an accident victim to entice them to rapidly accept the offer. Understandably, many victims accept this low offer because of mounting medical bills and their lost income due to the inability to return to work.
However, in most cases, the first offer given to a car accident victim after an insurance claim for compensation is low. Additionally, this is not the only tactic that insurance companies will use to attempt to avoid paying a full and fair settlement to victims of rear-end collisions. Other unscrupulous tactics an insurance company may use are:
- Recording your conversations to use something small that you say in passing against you to prove your guilt related to the accident.
- Contacting you while you are still hospitalized after the rear-end accident or on pain medications and unable to think clearly.
- Requesting a full medical history to find some pre-existing condition that could explain your current pain, injuries, or suffering to avoid payment.
- Failing to properly calculate pain and suffering for a victim or other non-economic losses.
- Stalling and delaying the process to postpone negotiations long enough so that a victim fails to file a lawsuit in a court of law within the statute of limitations deadline.
- Failing to pay for any psychological anguish, including post-traumatic stress disorder treatments, suffered due to the rear-end collision.
- Making the entire process difficult and cumbersome to frustrate the victim enough that they simply give up and take the lower settlement offer.
While accident victims do not need a lawyer to fight for their compensation, some people do seek legal representation because it makes their case easier to manage, including when dealing with an insurance company. A lawyer can take on these negotiations on your behalf and handle all communications with insurers. They also can review any settlement offers you receive from an insurer and guide you on what to do if the offer does not meet your needs.
If you are interested in hiring a lawyer to help you explore your legal options in your rear-end collision, call Ben Crump Law, PLLC, to schedule a free consultation with our legal team. You can share more information with us about your situation, and we can help you explore your next steps.
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Statute of Limitations in Oklahoma
Every state has a statute of limitations deadline that determines how long a victim can file a personal injury complaint in a court of law. OK Stat § 12-95 indicates that victims of rear-end collisions have two years from the date of the accident to file a claim in a court of law or lose their legal right to do so permanently. An attorney can file your legal action on time to avoid this outcome.
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Contact Ben Crump Law, PLLC, for a Free Consultation
If you are recovering from a rear-end collision, time is of the essence to collect all of the documentation and evidence, conduct an independent investigation if necessary, talk with all witnesses, contact expert witnesses if needed, gather all information related to lost wages, medical bills, property damage, and pain and suffering, and negotiate with insurance companies.
While two years may seem like a long time, it can take considerable time to put together a strong personal injury case following a rear-end accident. Your Oklahoma City rear-end collisions lawyer will need this time, so getting an early start can help.
Schedule a free consultation with Ben Crump Law, PLLC, at (844) 730-0233 to discuss your case.
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