Car accidents, in general, are traumatizing. Rear-end collision can cause both physical and emotional damage to the parties involved. If you or someone you know has recently been in a rear-end crash, an Omaha rear-end collision lawyer can evaluate your case. You may be eligible for compensation.
Ben Crump Law, PLLC is here to help you. Call (800) 598-7557 for a free case review today. Dealing with the law can be an exhausting extension to your pain and suffering. Let our team of dedicated lawyers assist you in building your claim and lawsuit.
Common Causes of a Rear-End Collision
Rear-end collisions can happen at any time but are typically the direct result of inattentive driving or poor road conditions.
Common situations that lead to rear-end collisions:
- Distracted driving – Any activity that takes the driver’s attention off the road, such as testing, reading, talking on the phone, or to another passenger, is distracted driving.
- Weather-Related – Rain, sleet, and snow are all factors that can cause a driver to rear-end another. However, this may not be a direct fault of the other driver. When inclement weather presents itself, drivers must drive with more caution.
- Tailgating – Following too closely.
- Driving under the influence: Driving while intoxicated on drugs, alcohol, or prescription medications.
Common Injuries in a Rear-End Collision
Like most accidents, injuries can occur. The injuries that victims suffer can range from mild, severe to life-threatening.
Whiplash: Whiplash is the most common injury in a rear-end collision. It is the violent whipping of your neck and spine back and forth from the impact. This can cause severe muscle strain and even spinal injury.
Spinal Cord Paralysis: This injury is one of the most severe. These types of damages can be permanent or temporary, depending on the severity.
Seat Belt Injuries: Seat belt injuries can be excruciating. Seat belt designs lock up and hold the driver or passenger in place upon impact. This can cause cuts or bruising to the skin. In more severe car accidents, internal damage may happen.
For a free legal consultation with a rear-end collisions lawyer serving Omaha, call 800-959-1444
Proving Negligence in a Rear-End Collision in Omaha
When filing a lawsuit, you must provide proof of negligence on the other driver. It should be a high priority for the victim to gather as much evidence as possible following an accident.
Evidence that should be collected includes:
- Police report
- Witness testimony
- Images or videos of the incident
- Medical bills
- Crash reports – These must be filed within ten days of an accident by both parties, according to the Nebraska Department of Transportation (DOT). If it is not, you may face misdemeanor charges.
To adequately prove negligence in a rear-end collision, there has to be proof that a duty to drive responsibly existed. Every driver on the road owes other drivers a responsibility to practice care while behind the wheel of a vehicle.
A considerable concern for proving negligence in rear-end collisions is a weather-related factor. If a driver follows a fair distance behind another driver and the driver ahead slows down, as does the driver behind the front vehicle, and a rear-end collision happens, the fault would be difficult to establish.
Contributory Negligence Law
Nebraska has adopted the Contributory Negligence Law, which you should examine before filing a claim. This means that the negligent party must be at least 51% at fault for you to be eligible for compensation. For every percent you are at fault, the court will deduct that percent from your payment.
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How an Omaha Rear-End Collision Lawyer Can Assist You
According to the Nebraska State Department of Transportation, there were a total of 248 fatal crashes in 2019. Douglas County had the highest number of crashes, with 14.9% of all cases. Rear-end collisions can be very overwhelming, causing serious injury to both the victim and defendant.
Ben Crump Law, PLLC works hard to establish our client’s claims and is available any time of the day. Our Omaha rear-end collision lawyers are ready to handle the legalities of your case and are willing to fight for the compensation that the negligent party owes you so that you can spend time healing.
Rear-end collision cases can be tricky in proving negligence and other factors. We are here to assist you in building a substantial claim against the negligent party. Call today for a free consultation.
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Negotiating Claims and Damages
When filing claims, there are two types of damages that you may collect, economic and non-economic. Monetary damages are much easier to calculate, and non-economic damages usually need the assistance of economics professionals.
Economic Damages include:
- Medical bills
- Lost wages
- Future medical procedure costs
- Property damage
Non-economic damages include:
- Pain and suffering
- Emotional distress
Working with one of our attorneys may help you avoid the stress of low insurance negotiation. Insurance companies will try to settle for the smallest amount of damages possible. Talk to an attorney at Ben Crump Law, PLLC before talking to an adjuster. They are known for using statements against the claimant to lower the claim.
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Let a Rear-End Collisions Lawyer Help You
Dealing with a rear-end collision can be incredibly painful and stressful on a legal level. Victims should not have to suffer while dealing with the unfamiliar territory of the law. When you work with an Omaha rear-end collision lawyer, you are getting a team working on your behalf to help collect the compensation that you deserve for your losses.
Our law firm works hard to determine the best route for our client’s needs. Our personal injury attorneys know what is best for each one of our clients.
Ben Crump Law, PLLC is here to advocate for your rights. Call (800) 598-7557 for a free consultation. There is no case too tough for us to handle.
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