While sitting at a red light thinking about your day, the traffic, or even just enjoying your music, you might not expect a loud thump and a violent shove forward, but you’ve been rear-ended by another vehicle. These types of car accidents can result in serious injuries, wrongful death, damages, extensive medical bills, and a complicated legal battle. If you or a loved one has been rear-ended, you may already be wondering what your next steps are and whether you can recover compensation for the damages you’ve suffered. By learning more about common causes of rear-end collisions and your legal options, you can protect your rights and receive compensation to ensure that you and your family are not burdened by these unexpected struggles caused by another’s negligence.
Common Causes of Rear-End Accidents
Rear-end accidents will always catch you off guard, leaving you with no time to brace for the incoming impact. Usually, the driver of the rear car is the one who is at fault for the accident and should’ve been able to stop hitting the vehicle in front of them. Heavy traffic and distracted driving are leading the way in record numbers for rear-end collisions. Give yourself enough time when driving so you do not need to rush and follow all road signs, and you could potentially stop a rear-end accident.
Distracted Driving: The leading cause of rear-end accidents is distracted driving. Taking your eyes off the road for that one critical moment to read a text, adjust the radio, set navigation, or even take a sip of your coffee could have you speeding into stopped traffic.
Following Too Closely: Also known as tailgating, following too closely behind the car in front of you doesn’t allow for enough reaction time should traffic come to a stop.
Reckless Driving: Disregarding the safety of everyone else on the road has serious consequences that are not just a major car accident but criminal charges. Sudden braking, ignoring stop signs, illegal turns, or speeding can lead to major car accidents.
Impaired Driving: Driving while under the influence of drugs or alcohol is not only illegal, but it’s dangerous. Your ability to drive is impaired because your coordination, judgment, and reaction times have been slowed, which can lead to lifelong consequences.
Equipment Failure: Mechanical failures such as malfunctioning brake systems, taillights, steering, or tire blowouts can lead to rear-end accidents. These problems, although not as common, can leave drivers suddenly unable to control their vehicles. Worsening inflation can cause drivers to cut corners regarding their vehicle’s maintenance, and delaying critical maintenance can cause repairs to be missed that could prevent rear-end collisions.
What To Do After a Rear-End Collision
Rear-end accidents can leave you shaky and reeling. It’s important to stay calm and take the next steps with great care. The proper steps after an accident can help protect your future not only physically but financially as well.
- Call emergency services: Emergency services usually call medical and police to the accident scene. Even if the damage is minor, calling the police ensures everyone is safe, and an official report is made. Seeking medical care should be your first priority after any type of car crash, and while you should take care of your injuries as much as possible at the crash scene, you should always get medical attention.
- Exchange information with the other driver: If someone is too injured to take this step, it will be included in the police report. After ensuring everyone is safe and cared for, you should collect their information.
- Document the accident: If you can move and it’s safe to do so, you must begin to gather evidence to support your claims after the accident. Take photos of the accident, injuries, and any environmental factors that you think contributed to the incident.
- The importance of seeking medical attention: The most important thing after a rear-end accident is to seek medical care. Seeking medical care after an accident, even if you don’t feel injured at the time, will help ensure that you aren’t suffering from injuries that can be treated. A medical professional can identify injuries, prevent complications, and improve recovery. This also provides detailed documentation of any injuries you sustained from the crash.
Dealing With Insurance Companies
After a car accident, you will be calling and speaking with your insurance company quite a bit, and you must work with an experienced car accident attorney to help guide you through this process. Knowing how to talk to insurance companies can help you stay in control of your future.
You need to contact them immediately and notify them that you’ve been in an accident. You should be honest and factual when notifying them of the accident but cautious when speaking to them. Don’t offer any information that isn’t directly asked of you, and remember that you do not have to provide an official statement about the accident over the phone. You can submit the statement later in writing or even have your attorney submit it on your behalf. This will keep you from accidentally admitting fault and jeopardizing your right to recover compensation.
Your worries around insurance companies don’t end there, and you should be wary if they attempt to offer you thousands of dollars in a cash settlement. As tempting as they make it seem, this may not be in your best interest without a good understanding of your current and future medical bills, loss of income, or the value of your case. It’s best that you don’t accept or sign anything until you have your attorney look over the settlement. Once you understand what a fair settlement would look like, your attorney will help you begin negotiating with the at-fault driver’s insurance company.
Understanding Fault in Rear-end Accidents
Mississippi is an at-fault state, so it needs to be determined who caused the accident and who must bear the legal repercussions. In Mississippi, the court also uses comparative negligence in accident cases, which shares the fault proportionately between the drivers. In most cases, it’s understood that the rear driver is held liable for the accident, but if the lead driver suddenly stopped when the rear driver was too close, then the lead driver might be held liable for 20% and the rear driver 80% at fault for the accident.
Rear-end accidents and their victims face an uphill battle when proving fault. A complex legal procedure and the need for persuasive evidence leaves many needing to seek experienced legal representation. A car accident attorney can help gather the evidence to strengthen your claim and negotiate with insurance companies to ensure you receive the maximum settlement for your suffering. A skilled attorney can make the difference in a successful case and a fair settlement.
One Call, That’s All
Accidents happen when you least expect them, leaving you unable to brace for impact in the crash and how it will impact the rest of your life. Rear-end accidents can leave you with medical bills, lost wages, life-long physical repercussions, and cause endless stress.
Working with Richard Schwartz & Associates, you can be assured that we will work tirelessly to ensure you receive the compensation you deserve. Dedicated to serving our community, our personal injury lawyers have provided families with legal advice, free consultations, and even pro bono services.
Our legal team is ready to support your family during this difficult time, and while you focus on healing, all our expertise to fight for your justice. One call will start your free consultation to justice. One call, that’s all. Contact us today by calling (601) 988-8888 to start the healing process.
Frequently Asked Questions
What if the other driver is uninsured or underinsured?
Understanding how your insurance can help you is vital when choosing your coverage. In a traditional fault system, if that driver doesn’t have the proper coverage, your coverage will pick up the costs.
How long do I have to file a claim after a rear-end accident?
In most cases, you have three years from the crash date to file your lawsuit but it’s important to act quickly to protect your rights.
Should I seek medical attention after an accident even if I don’t feel hurt?
You should always prioritize your physical health. Even if you don’t feel like you are injured at the time of the accident, you could be critically injured and not know. Whiplash is the most common injury from a rear-end collision, and the symptoms don’t even develop until 12 hours after the accident.
How can Richard Schwartz and Associates help me after a rear-end accident?
Even if you are not worried about proving liability, the right legal team can fight for the maximum compensation you can receive. They will be able to advise you when contacting the insurance companies and determine the true value of your case. An attorney from Richard Schwartz will help you gain confidence in settlement negotiations.
