Over 29% of car accidents in the U. S. are rear-end collisions, compared to about 22% of angle collisions or 24% of sideswipe collisions. Tailgating, speeding, and distracted driving mostly cause rear-end collisions.

Soft-tissue injuries and whiplash are the most common injuries suffered following a rear-end collision incident. A rear-end collision refers to one car bumping into the rear of another car.

The most important things to do after a rear-end collision are protecting your safety, documenting the incident, and preserving your legal and insurance rights. According to a Baton Rouge rear-end collision lawyer, it is tough to claim a win in the case of rear-end collision lawsuits. You must develop a case that clearly identifies who is at fault and show all injuries caused by the accident. You can achieve this objective by collecting evidence and making a legal strategy serve these purposes.

Let’s go over the important steps one must undertake if they want to have a successful case involving a rear-end collision.

Why Rear-End Crashes Cause Serious Injuries Even at Low Speed

If a moving vehicle suddenly jams into a stopped one, the energy of the impact transfers through the body of the driver in mere fractions of a second, sometimes resulting in immediate injuries.

When there is a rear-end collision, the vehicle will suddenly be pushed forward and, in doing so, the seat will push the upper torso of the driver forward along with it. The head will move synchronously with the movement of the car at first but it will eventually be left further behind. The victim’s body will snap backward before moving forward as a result of deceleration. This situation leads to grave injuries such as whiplash.

What makes rear-end crashes medically significant is that the violence of the movement often exceeds what the low speed of the impact suggests. The cervical spine cannot quickly absorb an applied force coming from the rear.

Slipped disc, spinal cord injury, and internal bleeding are among the other possible conditions that could afflict injured occupants of rear-end collisions. Rapid airbag deployment may also result in burns, facial injuries, and abrasions.

Oftentimes, those in rear-end accidents do not immediately seek medical attention. They underestimate the seriousness of an injury from rear-end accidents and may be very much at risk in the future.

Another problem of not going to the hospital is that the insurance company will automatically assume that the individual sustained their injuries before the accident. Having yourself checked by a doctor gives you an official medical report that could serve as evidence of the incident.

How Fault Is Determined in a Rear-End Collision

It is normally believed that the liability for any rear-end collision rests with the driver driving behind the other vehicle. All drivers must always keep a safe following distance between their cars. They should see to it that their car stops before reaching the point that is visible from their position.

A diver alleged to have rear-ended another vehicle may present facts that will either shift or share the fault. The most frequent situations in which the presumption has been rebutted include:

• The front driver brake-checked without justification, stopping suddenly and unreasonably in a manner the rear driver could not have anticipated
• The front vehicle reversed unexpectedly into the path of the rear vehicle
• The front vehicle’s brake lights were non-functional, giving no advance warning of deceleration
• A crash where the actions of another vehicle cause the crash, e.g., a cut-off car in front which imposes an emergency stop

It should be noted that courts are very specific on this matter. Suddenness alone cannot be used as a defense in a rear-end collision case.

For example, a sudden stop at an intersection is an expected phenomenon, since any motorist should understand that there is a risk of another vehicle stopping before the intersection.

The importance of such analysis becomes evident when a state applies comparative negligence in the case it is trying. According to this legal principle, the  compensation awarded to the plaintiff will be reduced by the amount corresponding to their share of fault in the accident.

According to rear-end collision lawyer Michael A. Blanchard, when recounting events of the accident, you should avoid stating that you were at fault. There is a possibility that you can have overlooked some of the details of the accident. There may be another entity involved in the accident without your knowledge. Admitting fault could result in you waiving your right to compensation.

States employing modified comparative negligence rules prohibit a plaintiff from receiving compensation if they are responsible for more than 50 percent of the liability. Insurance adjusters know that each percentage point they use against the plaintiff reduces their company’s payout.

What to Do at the Scene and in the Days That Follow

The actions taken at and immediately after the crash site determine what evidence is available when the claim evaluators assess it.

At the scene:

• Report the accident to the police and wait for them to write the police report. The report is an independent account of the accident, the cars involved in the accident, and the names of drivers and witnesses. The officer who investigates gives his or her first opinion on how the collision occurred.
• Document, photograph, or videotape your injuries, skid marks, use of signage and the at-fault driver’s vehicle damage.
• Collect the other driver’s contact and insurance information and any names and contact information for all available witnesses.
• Avoid giving any recorded statements to the at-fault driver’s insurance company. Do not admit fault or speculate on the cause of the accident.
• Attempt to get medical attention even when you feel that the injuries you have are minor. The ER documentation links the collision to your injuries. Your doctor and other relevant specialists will support this documentation.
• Follow all of the doctor’s instructions regarding treatment consistently. Insurance companies use a pattern of treatment gaps to claim the injury healed or that the treatment was medically unnecessary.
• Keep good and detailed records of each appointment with the doctor, every prescription filled, each day missed from work, and every activity that was missed because of an injury.
• Preserve all vehicle repair records and estimates, as these document the severity of the impact

The Insurance Claim Process: What to Expect

Every policyholder is obliged to report an accident regardless of whether they were at fault or not. PIP coverage, which is a type of compensation available in no-fault states, is intended to cover your medical expenses regardless of who caused the accident.

The insurance company of the at-fault driver is going to be assessed for the injury and damage.

The at-fault driver’s insurance carrier will assign an adjuster to investigate the claim. Their function is to evaluate liability and damages in a way that serves the insurer’s financial interest in minimizing payouts. Common adjuster tactics in rear-end cases include:

• A recorded statement is often requested shortly after the accident. The injured policyholder is still disoriented and still trying to process what happened. Anything said in that statement can be used to minimize the claim later
• Offering a quick settlement before the full extent of injuries is known. A release signed in exchange for early settlement invalidates all future claims arising from the crash.
• Emphasizing the property damage and arguing that low vehicle damage means low impact force and would only result in minor injuries.
• Attributing injuries to pre-existing conditions or prior episodes of the same symptoms

You are not required to give a recorded statement to the other driver’s insurance company. You are not required to accept the adjuster’s assessment of fault or their valuation of your claim. Both of those determinations can be challenged with additional evidence, attorney representation, and, if necessary, litigation.

When Legal Representation Makes a Measurable Difference

Having a personal injury attorney improves outcomes in rear-end collision cases that involve major injuries, disputed fault issues, and significant differences between actual damages and the insurance company’s offer.

An attorney in a rear-end collision case serves several specific functions:

• Protecting and building evidence, such as retrieving the other party’s mobile phone records if distraction was involved and securing black box data from the cars. The lawyer can also aid in retaining accident reconstruction experts when liability is an issue
• The process of managing insurance carrier communications requires handling recorded statements and document requests together with settlement negotiations in a manner that maintains the value of the claim.
• The process requires finding all existing sources of coverage, which include the at-fault driver’s liability limits, underinsured motorist protection, and any relevant umbrella insurance policies.
• Retaining medical experts to address insurance arguments that the injury predated the crash or is unrelated to it
• Accounting for future medicals, loss of future earning ability, and the monetary award for pain and restriction

Most personal injury attorneys handle these cases on a contingency fee basis, meaning they charge no fees to clients until they achieve a successful outcome. The contingency structure eliminates financial obstacles for clients seeking legal representation because it connects the attorney’s financial interest to their client’s needs. The attorney receives payment through a percentage of the recovery, which creates a situation where both parties work together to achieve maximum recovery.

Protecting What the Crash Put at Risk

The rear-end collision causes chronic pain, work-related limitations, and medical expenses. These injuries continue to build during recovery and these effects will continue for multiple months or years. The insurance system that is supposed to compensate for that loss begins its evaluation with its own financial interests in mind.

The claimant who understands the importance of evidence must document their injuries and losses thoroughly. One should also decline to make premature statements or settlements and obtain legal guidance when the injury is serious.

The time available for making evidence and significant decisions is brief. Surveillance tapes are normally overwritten after a week. Witnesses may relocate or forget what they saw. Medical conditions become harder to connect to the crash as time passes.

Acting promptly, with an understanding of what the process actually involves, is what protects the recovery to which a crash victim is entitled.

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