Hampton, VA Rear-End Accident Lawyers

Who Is at Fault After a Rear-End Car Accident?

The person at fault for a rear-end accident is the one who either violated a traffic law or wasn’t careful under the circumstances. Every driver is responsible for obeying the law and acting reasonably. When someone doesn’t do that and causes a crash, they are negligent.

Sometimes fault in a rear-end crash is obvious. Other times, it’s complicated. It’s a good idea to have an experienced car accident lawyer investigate the collision and uncover what happened. You’ll need proof to win a settlement or court award.

A lawyer will also identify who is liable for compensating you. The party responsible for your injuries might not be the at-fault driver. The most common example is when the careless driver was working at the time. Depending on the circumstances, you’d likely demand compensation from their employer.

What Types of Injuries Can Result from a Rear-End Accident?

The consequences of a rear-end crash can vary wildly from one situation to the next.

Rear-end accident injuries can include:

• Whiplash and other neck injuries;
• Back injuries, like herniated discs;
• Spinal cord injuries, nerve damage, and paralysis;
• Concussions or more serious traumatic brain injuries (TBIs);
• Broken bones, including skull fractures;
• Facial injuries and scarring;
• Crushed limbs and amputations; and
• Post-traumatic stress disorder (PTSD) or other mental health conditions.

Many people underestimate the risk of a head or brain injury in a rear-end accident until it happens to them or a family member. When you’re dealing with a TBI, you want the best lawyer on your side. Stephen M. Smith has over 47 years of experience and is internationally recognized for his work with TBIs.

What Damages Are Available In a Rear-End Accident Lawsuit?

When someone else’s careless or reckless conduct caused your injuries, you can demand compensation. A financial recovery may often be the best way to pay for your bills and make up for your experience.

Your compensation may cover past and future costs associated with:

• Medical expenses
• Lost wages
• Property damage
• Emotional distress
• Physical pain and suffering
• Disfigurement
• Physical limitations

How much you can win through a settlement or court award depends on many factors, including the severity of your injuries and whether you were partly responsible for the crash. It helps to talk with an experienced attorney about what to expect.

Can I Prevent a Rear-End Accident?

While you can reduce the risk of a rear-end crash, you can’t prevent one entirely. You can’t control what other drivers do.

The best way to avoid another driver rear-ending you is to avoid sudden stops. Apply your brakes or turn signals early to give the vehicle behind you plenty of warning. You also need to make sure your brake lights and turn signals work. Don’t put off repairs.

To avoid rear-ending someone else, leave plenty of room between you and the vehicle ahead. Don’t speed, and pay attention to how weather and road conditions affect your brakes. If the roads are wet or icy, start braking earlier than normal.

Avoid distractions. Don’t use a cellphone, drink, or eat while you drive. If you need to pay attention to kids fighting in the back seat, find a convenient place to pull over.

Another point is to avoid vehicles that are swerving or the driver appears intoxicated. Stay behind them or take another route.

What Should I Do After a Rear-End Accident?

We want you to know what to do after a rear-end accident — and what not to do. It’s best to act quickly, and if you have any questions or concerns, give us a call.

Immediately after a car accident, we recommend:

• Exchanging contact and insurance information with the other driver,
• Asking for witness’s contact information,
• Taking photos of the crash, and
• Getting medical care right away.

Don’t argue with the other driver or apologize. A crash scene isn’t the time or place to argue about fault or liability.

We know you might not have been able to take these steps if you were seriously hurt. Don’t worry. We’ll thoroughly investigate the crash and gather evidence on your behalf.

Seeing a doctor is important. If you hope to win compensation, you must document your injuries. Your medical records and bills may become important evidence.

Once you’re safe, notify your insurance company of the crash and call a personal injury lawyer. You can call an attorney for a loved one, too. Don’t wait days or weeks until they’re able to contact us themselves. Any type of delay could affect the outcome of their case.

If an insurance company contacts you after an accident, you don’t have to answer questions or provide a statement. If the other driver’s insurer wants a statement, we recommend telling them you need to consult your attorney first. If the time comes to answer questions, we’ll prepare you.