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According to the NHTSA (National Highway Traffic Safety Administration), one of the most common causes of vehicular accidents is rear-end collisions. In 2019 alone, rear-enders accounted for about 32% of collisions, with 31.1% resulting in injuries.
There are many causes of rear-end accidents. Tailgating can cause a rear-end collision, as are distracted driving, driver fatigue, and bad weather. Whether it’s another driver’s fault or due to environmental factors, it is essential to understand how these types of accidents are resolved and know your rights when seeking compensation.
Rear-End Collision Accident Causes
Rear-end accidents happen when a driver hits the vehicle that’s positioned at their front. They most commonly occur at stop signs, congested traffic, and red lights, but they can also happen in parking lots. While most rear-end collisions happen at low speeds, they can also happen at high speeds on highways and interstates, the latter being especially devastating.
Most of the time, rear-end collisions involve two cars but can cause a chain reaction and eventually involve multiple vehicles. Minor collisions happen when a rear driver moves forward at low speed into the front vehicle. Meanwhile, if the at-fault party drove at high speed and crashed into a completely stopped vehicle, the result could be catastrophic.
Even more dangerous is when a rear driver travels faster than the other driver (also driving at high speed), and the two collide while in motion. The impact can cause the vehicles to roll, slide, or veer off the road. Of course, the result is even more severe when larger vehicles like semis are involved.
Common Injuries in Rear-End Collisions
Most people believe that rear-end collisions are minor fender-benders, and drivers/passengers come out with only minor scratches or bumps. However, even minor collisions can lead to severe injuries. Some people will even suffer from the effects of rear-end accidents for months or years.
Here are some of the most common injuries in a rear-end collision:
- Whiplash: This happens when your head suddenly moves forward and rearward. It can cause spinal and nerve damage, muscle damage, stretched tendons, and concussion. If you’ve been involved in a rear-end accident and start feeling headaches, pain and stiffness in the neck, loss of neck motion, or upper back pain, you could be suffering from whiplash and need to get checked immediately.
- Traumatic brain injuries: Severe collisions can cause you to hit your head, which could result in traumatic brain injuries such as concussions. Some symptoms include vertigo, loss of consciousness, extreme fatigue, impaired cognitive function, and mood swings. It is better to get checked by a doctor after a rear-end collision, be it a minor or severe one, to rule out any possibility of a traumatic brain injury.
- Spine injury: Along with the head, the lower and middle back could also move back and forth in a sudden violent motion during a collision. This could cause injuries to the back and spine. Depending on the severity of the injury, this could cause partial or complete paralysis.
- Fractures: One of the most common injuries you could suffer from after a collision is having fractured bones. Broken hands, wrists, fingers, legs, ribs, and even hips are common. Some suffer from simple fractures, while some can get a compound fracture, when the bone punctures the skin. Severe collisions can also cause crushed bones, which would require extensive surgeries.
Damages You Can Recover in Rear-End Collision
Wondering what damages you can recover in a personal injury case if you’ve been rear-ended in a car accident? Several factors will determine the amount of damages you are entitled to recover in your case, including the severity of your injuries and the amount of property damage. During a rear-end collision, you may be entitled to recover the following damages:
- Medical expenses: If you were injured in a rear-end accident, you can recover the cost of medical treatment for your injuries. Your medical expenses may include emergency care, hospitalization, surgeries, doctor’s appointments, prescription medications, physical therapy, and any other expenses related to your injury.
- Lost wages: If you were unable to work during your recovery period, you may be able to recover your lost wages. Additionally, you may be entitled to future lost wages if you are expected to be unable to work due to your injuries.
- Loss of enjoyment of life: You may be able to recover damages if your injuries have prevented you from doing activities you once enjoyed or if you have missed out on important events.
- Pain and suffering: If the accident resulted in physical pain, mental anguish, or emotional distress, you may be able to seek compensation for suffering and pain. Quantifying this non-economic damage may make your claim worth more in the long run.
- Property damage: A totaled or damaged vehicle can be recovered based on its fair market value or the cost to repair it. As well as any property you lost in the accident, such as your vehicle, you may be able to recover the cost of any other property that was damaged.
Establishing Fault in a Rear-End Accident
Establishing rear-end collision fault after any collision is crucial because the driver responsible for the crash usually covers the accident victim’s costs.
Usually, the driver of the rear vehicle is at fault for the crash. This is the default assumption since drivers are expected to maintain a safe following distance. In most states, a safe following distance is four seconds between a front vehicle and a rear vehicle that passes the same object.
A rear-end collision occurs when drivers fail to maintain an appropriate space in front of the lead vehicle or to pay careful attention to the lead vehicle slowing or stopping. Unless proven otherwise, rear drivers are considered liable for these assumed failures.
How to Get Compensation After a Rear-End Accident
Rear-end collisions are common and can lead to losses of thousands of dollars. Those involved should review settlement examples and understand the laws regarding rear-end collision faults to make an informed decision about their legal options.
You should also check if your state observes a no-fault insurance system. No-fault insurance covers your damages regardless of who was at fault, and it will be your primary source of compensation. In a no-fault insurance system, you cannot sue the at-fault driver unless the damages exceed your insurance limits or if you have suffered serious injuries.
Before settling a case, you should talk to an experienced personal injury lawyer about your options. Your lawyer should be able to help you negotiate with the insurance company after a rear-end collision or assist you in filing a civil lawsuit if the insurer fails to compensate you adequately.
