Rear End Collision Attorney

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What Is The Most Common Type Of Injury In A Rear End Collision?

Rear end collision damage doesn’t just happen to your car. According to NHTSA rear end collision statistics and other data, this particular type of accident is notorious for causing bodily injury and even fatalities.

Rear-End Collisions: Who Is At Fault and Who Pays?

That said, whiplash is by far the most common rear end accident injury. A sudden impact whips the body around, causing the head and neck to flail uncontrollably and leaving sometimes extensive soft tissue damage as a result. You might be surprised to know that slightly more than half of all whiplash sufferers still experience pain and discomfort a full year after their accident.

Other common injuries following a rear end collision include back injuries, concussions, seatbelt bruising/lacerations, and even paralysis.

What Happens To Your Body In A Rear End Collision?

Rear-End Collisions Are the Most Frequent Type of Collision
Usually, if we know an impact is coming, we can tense up and better absorb the impact – but if you’re caught off guard, you’re more susceptible to whiplash and related injuries. That’s what often happens in a rear end accident, of which the vast majority the NHTSA says the front car is very slow or stopped.

To go from sitting in a normal, relaxed position, to sudden violent impact in a split second – this causes profound stress to the skeletal and muscle systems, and can result in a variety of injuries from mild to life-threatening or fatal. Glass can shatter, lacerating skin; seatbelts can constrict and bruise, or even cut; your head can make contact with the dashboard or steering wheel; your neck can whip your skull around wildly from the tremendous shock of impact, resulting in devastating neck injuries.

Depending on the severity of the impact, and the speed at which one or more of the cars was traveling at the time of contact, your body can sustain trauma that results in life-changing injury like paralysis, or even death.

Common Rear End Collision Injuries

If you need a rear end accident attorney, you’re not alone. These incredibly common collisions happen every single day in California and across the nation – in fact, they account for 29% of all car accidents in total.

The takeaway from this is that while many rear end collisions are just fender benders where the two parties exchange information and go about their day, many more result in acute and chronic injuries for the occupants that can cause difficulties and disrupt normal life for months or years afterward

Ready to file a claim and pursue justice through a financial damages award? Our expert attorneys are available online or by phone now.

Rear-end collision statistics

  • IIHS and HLDI have found that forward collision warning (FCW) reduced rear-end car crashes by 27%, rear-end car crashes with injuries by 20%, and large truck rear-end crashes by 44%. (IIHS, 2020)
  • Rear-end crashes are the most frequently occurring type of collision, accounting for approximately 29% of all crashes. (NHTSA, 2017)
  • Texting increases your chances of rear-ending someone by a factor of 7. (AAA Foundation for Traffic Safety, 2018)
  • Rear-end crashes are the most frequently occurring type of collision, accounting for approximately 29% of all crashes. (NHTSA, 2017) In 16.7% of fatal large truck crashes in 2019, a passenger car rear-ended the truck; in 3.7%, the truck rear-ended a passenger car. In 17.9% of fatal large truck crashes, an oncoming passenger car drifted into the truck’s lane (head-on collision); in 2.2%, an oncoming large truck drifted into a passenger car’s lane. Most of the remaining fatal crashes were side-impact crashes. (FMCSA, 2021)
  • The most common types of teen crashes involve left-hand turns, rear-end events, and running off the road. (DriveTeam, 2017)
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Who Is At Fault In A Rear End Collision?

You may have heard that “the rear driver is always at fault in a rear end collision.” This is a bit of an oversimplification. It is true that the majority of the time (but not always), the car in back will be found at fault. The person in the rear car is (supposed to be) looking straight ahead at the road, and therefore should clearly see the car they’re about to rear end.

The rear driver can cause the collision for a number of possible reasons, including:

  • They were speeding
  • They were tailgating
  • They were looking at their phone
  • They were putting on makeup or looking in the mirror
  • They were on a phone call and got distracted
  • They turned around and took their eyes off the road
  • They were having an episode of road rage and rammed the front car
  • They failed to brake properly or leave enough space when the front car(s) came to a surprising stop

However, on occasion the front driver can be at fault for a rear end collision; or, sometimes nobody is at fault, such as when a pedestrian, weather incident, or “act of God” causes the accident to occur.

The front driver can cause the collision for a number of possible reasons, including:

  • Intentionally or unintentionally slamming on the brakes unnecessarily, leaving the rear driver no time to react
  • Driving recklessly or over the speed limit
  • Changing lanes recklessly
  • Driving under the influence

When Is A Rear End Collision Not Your Fault?

There’s no such thing as “the rear driver is always at fault” or any blanket statement assigning blame for an auto accident. Every situation is unique, and there is no case where fault is automatically assigned simply because of the order the cars were driving in.

To be “at fault” for a rear end accident under the legal definition of the term, you need to have shown willful negligence or reckless disregard for the rules of the road. You have a duty of care to your other drivers on the road to be vigilant and drive in a defensive manner that puts safety first. You need to be in control of your driving and not running all over the road in a reckless, dangerous way.

If the other driver was behaving recklessly or negligently, the rear end collision might not be your fault, regardless of whether you were the front or back car. To get a better idea of whether you may potentially have a rear end accident case, you can contact an attorney at Dordulian Law Group for a totally free, no obligation consultation today.

If you believe you have a personal injury case and wish to pursue a claim, don’t hesitate to contact our award-winning expert attorneys online or by phone today.

Client Review

“I was hit by a car while crossing the street at a 4-way stop. Pretty cut and dry. I was fairly banged up but ended up with only a broken foot. But I couldn’t go back to work and I knew I’d have a lot of medical bills. I didn’t know what to do. A friend, an attorney herself, suggested I call Arpi Yeremian, at Dordulian Law Group. Arpi took care of everything, from dealing with the hospital to working with the driver’s insurance company. There’s no way I could’ve done this myself. Three months later we reached a very satisfactory settlement and I could not be any happier. I highly recommend to contact Arpi Yeremian any concerns about your case.”
A. Karapetyan
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What's the Average Settlement For A Rear End Collision?

The experience and talent level of your rear end collision attorney can have a big impact on the settlement you end up eventually receiving after your accident. However, the main factors that determine settlement size are the extent of the injury or injuries, and the amount of insurance policy limits.

A very rough estimate for settlement amounts is to take the direct expenses from your accident such as medical bills, etc, and multiply it by 1.5x to 4x that amount. The more serious the injuries and the more insurance available, the closer you get to the 4x figure.

Again, this is an extremely basic estimation tool, and should not be taken as legal advice or a guarantee. Settlements are all over the map, and often run into large six-figure sums.

How Long Does A Rear End Collision Settlement Take?

The rear end collision specialists at Dordulian Law Group make every effort to bring cases to a close as quickly as possible, through prepared and aggressive action on behalf of our clients. Part of this has to do with facilitating the best possible medical care for your injuries through our staff’s services. When you have appointments and follow-ups taken care of, you can cut down on time looking for doctors or trying to navigate the complexities of the medical system.

Generally speaking, it takes a few months to get a rear end collision settlement check.

The insurance company’s willingness to “play ball,” or pay out what they should, is another big factor in determining how quickly you receive your settlement. If your expenses exceed policy limits, you’re more likely to see a speedy payout in 30 to 60 days.

Every situation is unique, and there’s really no telling what your unique circumstances are without having a conversation about your accident. That’s what we do – have low-pressure meetings with prospective clients to get a sense for the details of a case so that you know exactly what your legal rights and options are for your situation.

There’s no cost to this meeting, and no obligation on your part to become a client of ours afterwards (although we certainly hope you do). This free consultation can take a lot of stress and uncertainty out of the process and help you quickly figure out what to expect in the aftermath of your rear end accident experience.

We invite you to contact us today with any questions you might have, and we hope to play a part in your journey towards recovery and financial restitution.

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