What Drivers Need to Know About Rear End Accidents in California

Many different kinds of negligence can lead to serious vehicle accidents in California, but a rear end accident is one of the most common. Being hurt in a rear end accident puts you at risk of critical injuries, as well as substantial vehicle damage. Knowing what to do, how to investigate the accident and how to move forward effectively can protect your legal rights and ensure you have the best possible chance to recover maximum compensation.

If a rear end accident has changed your life and left you dealing with serious consequences, know that you can hold the other driver accountable. Although things can feel overwhelming in the immediate aftermath of the crash, getting a lawyer to help guide you through the legal process can ease your fears so you can focus on getting well. For some people hurt in a rear-end accident, the impacts may last for years. With a catastrophic injury, or a series of injuries that are all quite serious, it can be difficult to move on with your life or return to the activities you enjoyed pre-accident.

Causes of Rear End Accidents

Rear end accidents may occur because the driver was speeding or tailgating too closely, meaning they did not have sufficient time to stop their vehicle before hitting the one in front of them. Rear end accidents can also be caused by a distracted or drowsy driver who simply did not have the appropriate level of attention to be able to slow down or avoid a crash. Even vehicle maintenance issues could contribute to rear end accidents, such as if someone has poor brakes and has failed to get the right fix for those brakes.

Regardless of the cause, a rear end accident can leave substantial damage and serious injuries for surviving victims. Knowing the cause of the accident may not be immediately possible following the crash, but a proper accident investigation may reveal what’s behind the cause of the rear end accident becoming important in the pursuit of compensation for the injured victim.

Common Injuries in Rear End Accidents

Rear end accidents can run the gamut in terms of severity and type of injuries, but one of the most common injuries sustained by accident victims is that of whiplash. Whiplash is a soft tissue injury caused by the body being jerked forward and backwards very quickly and suddenly in a rear end crash. Even with your seatbelt on or if airbags deploy, you could still suffer substantial injuries in addition to whiplash following a rear end crash.

Whiplash and other injuries such as concussions or traumatic brain injuries or even soft tissue damage or internal or organ damage may not be immediately present at the scene of the accident. Getting medical attention is crucial for anyone hurt in these accidents to rule out more substantial injuries and to get proper diagnostic testing done for those you may have already suspected. A doctor can run full diagnostic testing and tell you more about the severity of your injuries, as this will also determine your treatment plan.

Fault in Rear End Accidents

In many cases, it is the fault of the driver who struck the car in front of them in a rear end accident. This is important for the determination of liability and assignment of blame and fault in any California rear-end crash. If someone suffers critical injuries in an accident and vehicle damage, it is critical to get support from an attorney as soon as possible. The investigation of the accident scene, gathering of evidence and preparation of a comprehensive case around the rear end accident can make a big difference in your ability to move forward with your life.

With so much on the line for your future, you need to take action quickly as you have a limited period of time in California to file compensation claims. California does not automatically impose liability on the driver who rear ended another vehicle in a crash although it is certainly true that this driver is more than likely at fault for this type of accident. Rear driver negligence caused by distracted driving, following too closely, driving too fast for road conditions or failure to conduct proper vehicle maintenance makes it easier to show that the other party is responsible.

What Should I Do Immediately After a Rear End Accident?

It is important to contact the police as soon as possible after a rear end crash and exchange information with the other driver at the scene. This contact information may be important for moving forward with an insurance claim and a copy of the police report may also reveal crucial details related to the accident. Get medical attention if needed and continue to follow up with all of your medical care while taking notes about those appointments to protect your interests.

Can I Sue Someone If I am Rear Ended?

One of the most important things you’ll need to do immediately after an accident is contact your own insurance company. Your insurance company will help you file a compensation claim and advise you more about your rights. But bear in mind that these individuals at the insurance company are not necessarily in your corner. They may downplay the severity of your injuries or even claim that it does not meet the terms of your policy.

Hiring a personal injury attorney in California as soon as possible after your crash is one of the only ways to protect yourself in these situations and to prepare yourself in the event that you cannot arrive at a meaningful and fair settlement for your injuries following the crash. A personal injury lawyer shows the insurance companies and the other party that you are taking things seriously and will advocate for your rights. You can sue for damages if you are rear-ended, particularly if you suffered substantial property damage or injuries.

How Can I Prove Fault In a Rear End Collision?

Different pieces of evidence can be used to show that another party was responsible for the accident. This can include witness statements, photos or videos of the accident scene, police reports and even video footage from area security cameras were applicable. Unable to get that information at the scene because you were so seriously hurt? Let our lawyers help you conduct an accident scene investigation.

How Long Do I Have to File a Claim After a Rear End Crash?

It is important that you take action in a timely manner when filing a personal injury claim. You generally have two years from the date of the accident to file a personal injury claim in California, although this will vary somewhat depending on the at fault party in your crash. For example, if you have a liability claim against a government entity, you need to take action much more quickly.

What Kinds of Damages Can I Get In a Rear End Accident Case?

You may be able to claim both non-economic damages and economic damages in a personal injury lawsuit. Non-economic damages include things such as pain and suffering, and economic damages include things such as lost wages or medical expenses.

Do I Really Need an Attorney for a Rear End Collision Case?

After years of representing victims seriously hurt in rear-end accidents in California, we can confidently say that it will help your case to hire an attorney as soon as possible. Knowing your rights and ensuring you meet proper timelines and documentation for your accident claim will be essential for illustrating your rights and protecting yourself from common problems. For example, it is often the case that insurance companies may try to offer you a low ball settlement. This may seem tempting upfront because it is a cash offer, but may not be in your best interest overall. Having an attorney at your side to advocate for you can help minimize the possibility that this happens. Contact our attorneys today to learn more about your legal rights and to get support for the duration of your personal injury claim.

If you have already tried to resolve things with the insurance company and have been unsuccessful, don’t give up. Hiring an attorney may show them you’re taking this case seriously and it removes the pressure for you to stay in contact with the claims adjuster. Attorneys familiar with negotiating in this case will make it much easier for you to move forward with your life and get the compensation you need and deserve.