You can sue for a rear-end collision after the collision takes place if another party was responsible for the accident. If you choose to work with a car accident lawyer, you can look at the scene of the accident and determine which party involved may be liable for your damages. From there, you can either negotiate with them one-on-one or file a complaint with a local court in your area.
Quantifying A Rear-End Collision
Rear-end collisions are among the most common types of car accidents you can get into, according to the National Highway Traffic Safety Administration (NHTSA). These types of accidents account for almost 30% of all collisions on the roadways and cause many fatalities each year. These accidents are most often caused by:
- Road rage or inappropriate behavior while behind the wheel of a car
- Fatigued driving
- Distracted driving, including texting while behind the wheel, talking while behind the wheel, eating, or a driver otherwise looking away from the road for an extended period of time
- Driving under the influence
- Operator failure of another kind
- Mechanical failure within the car
Note that you can sue a liable party for damages done to your vehicle in a rear-end collision accident regardless of the cause for the accident. However, understanding the cause of the accident can make it easier for you to determine what compensation to which you may be entitled later down the line.
Suing for a Rear-End Collision
Liability is a tricky measure to understand, as the rules regarding it will vary from state to state. Insurance companies can make it simpler or more difficult for a car accident lawyer to determine liability, as the question of fault does contribute to the question of liability. However, a car accident lawyer can also address the scene at which an accident took place and use the evidence there to divide percentages of responsibility between the parties who were at the scene. Evidence that can help you establish liability and, later, what compensation to which you may be entitled, can include:
- Police reports from the scene of the accident
- Testimony from all parties involved in the accident, including bystanders or business owners who may also have suffered property damage or personal injury
- Video footage of the accident as it took place as captured by a dashcam, street camera, or another source
- Photos of the accident after it took place
- Eyewitness testimony
- Medical reports from the doctors who treated individuals who suffered from a personal injury in the accident
Note that if you have not suffered from a severe injury as a result of the accident, you may want to try and gather as much information at the scene, even if you are not sure whether or not you want to pursue legal action.
Bringing Together Your Compensation
As you build your complaint against a liable party, you will need to establish what compensation you believe you are owed and present those calculations. Your avenues for compensation after a rear-end collision may include:
- The cost of medical procedures you sought out before filing your complaint to restore your previous quality of life.
- The cost of any medical procedures you may need in the future to restore your previous quality of life.
- The cost of any medical aids you need to restore your previous quality of life.
- The cost of any prescription medications you need to restore your previous quality of life.
- Physical therapy
- Psychological counseling
- The cost of property lost in your accident, ranging from the damage done unto your car to the property you had in the car at the time of the accident.
- Lost wage
- Lost opportunity for employment
- Pain and suffering
- Wrongful death, if applicable
Note that there may be details unique to your case that may open it up to punitive charges. These charges, which can be applied only by a court of law, are meant to discourage the kind of behavior that results in rear-end accidents and can net you compensation not mentioned in the aforementioned avenues.
Fighting for Your Settlement
The good news is that you do not always have to go to court to pursue potential compensation. After a rear-end collision, one of the parties involved at the scene may choose to reach out to you with an offer. You may not want to accept these types of settlements initially, however. Instead, you can leave the scene and go over an offered settlement with a car accident lawyer. This way, you can calculate your potential compensation on your own and determine whether or not the applicable offer will address all of your needs. If you believe the settlement will not, then you can instead file a complaint and continue to pursue legal action against the party you believe to be liable for your losses.
If you find yourself concerned about the cost of pursuing legal action after a rear-end collision, you may speak with a law firm in your area about an applicable firm’s rates. Most personal injury lawyers who take on car accident injury claims and other types of lawsuits work on contingency and spare you legal fees, should you not receive compensation for your losses.
A Car Accident Lawyer Can Help with Your Rear-End Accident
If you find yourself in a rear-end accident, know that you do not have to wait for your insurance provider to approve your request for financial assistance. You can reach out to the team with Ben Crump Law, PLLC to learn more about your legal rights and your ability to pursue legal action against the party liable for your losses. A car accident lawyer can help you craft a complaint to file with a local court or otherwise negotiate for a settlement on your behalf.
The team with Ben Crump Law, PLLC does not shy away from challenging cases. To start building your suit, you can contact a car accident attorney today.