If a car hits you from behind, the motorist who hit you is likely liable for your accident-related damages. You should seek the compensation you deserve by hiring a car accident lawyer to lead your case. You should also seek medical attention as soon as possible, as this will protect your health and benefit your case.

You may be facing a long road to recovery, and you should do everything you can to promote your healing. Hiring a car accident attorney will spare you from the stress and physical demands of your case and can be a key step in recovering as quickly as possible.

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Let a Lawyer Communicate with Insurers After Your Accident

Dealing with insurance companies is a vital part of the post-accident process.

You should consider hiring a lawyer to oversee your insurance claim because:

• Insurance companies may use bad-faith tactics during your claim, and your lawyer will ensure such tactics do not sink your claim.
• You may need to give recorded statements to insurers, and the slightest slip-up can cost you compensation.
• Your health needs to be the priority after your accident, and dealing with insurers may distract from your recovery.

An experienced car accident lawyer will have dealt with insurers many times. They may be familiar with the specific insurers involved in your case and can handle your claim in an efficient, professional manner.

Essential Steps to Take After Your Car Accident

Now that you know what not to do after your accident, consider the steps you should take after the rear-end collision.

You should:

• Get treatment for all accident-related injuries: You should never wait to see a doctor after an auto accident. You may have physical injuries that require immediate care. You also need to document your injuries in advance of an insurance claim or lawsuit. Seeing a qualified doctor can protect both you and your case.
• Find a lawyer worthy of leading your case: Hiring an experienced car accident attorney should be at the top of your priority list after your collision. The sooner you hire your lawyer, the sooner you can focus on your health without facing the stress of your case.
• Follow your doctors’ and lawyers’ advice: Having qualified doctors and a proven lawyer takes the thought out of your case. Simply follow these individuals’ advice, and you may recover both physically and financially.

If you do your due diligence in finding the right attorney, they will fight for (and possibly secure) the entire financial recovery you are entitled to.

How a Car Accident Lawyer Can Help You

The cost of a car accident can reach six or seven figures, or even more, depending on the severity of the victim’s injuries. You should obtain every dollar you deserve, and your lawyer will do that for you.

Your car accident lawyer will oversee the insurance process and any necessary lawsuit. A lawyer’s duties in motorcycle accident cases include:

Finding the Cause of the Accident

Though rear-end accidents often happen because of driver negligence, other possibilities exist.

Your lawyer will investigate the collision and secure any evidence that helps prove fault, which may include:

• The police report
• Eyewitness accounts of the accident
• Your account of the accident
• Video footage of the collision
• Photographs of the accident scene

Your attorney will bring together all useful evidence to present a convincing case for fault.

Identifying Liable Parties

Those responsible for a rear-end accident can include:

• The motorist who struck your vehicle in the rear
• The manufacturer of a defective vehicle or vehicle component
• A municipality responsible for dangerous roads
• An employer whose employee struck your vehicle

If any party’s actions contributed to your rear-end collision, your attorney will document their negligence.

Documenting and Calculating the Client’s Damages

Your legal team will identify how your rear-end car accident has harmed you.

They will secure documentation of your damages, including:

• Your account of pain and suffering
• A mental health expert’s diagnosis of post-traumatic stress disorder (PTSD) and other types of pain and suffering
• Medical bills
• Invoices for vehicle repairs or the purchase of a new vehicle
• Past income records that show the cost of your lost income

Your attorney will also gather any medical records and images detailing your injuries.

Negotiating with Auto Insurance Companies

Most car accident victims receive compensation through a settlement. Your lawyer will represent you in negotiations with insurers.

Even though an insurance company may know it owes you money, you may face:

• An unjust denial of your claim
• An accusation that you caused the rear-end accident
• Undervaluation of your accident-related losses
• One or more lowball settlement offers
• Contentious settlement negotiations

Insurance companies sometimes handle rear-end accident cases transparently. However, insurers sometimes place their own financial welfare over the accident victim’s.

Whether insurers handle your claim in good faith or not, your lawyer will demand the settlement you deserve.

Filing a Lawsuit on the Client’s Behalf (If They Choose To)

When insurers and other liable parties won’t pay a rear-end accident victim fairly, the victim’s lawyer can file a lawsuit. If your case reaches an impasse where a lawsuit is on the table, your lawyer will discuss it with you.

As the accident victim, you have the power to accept a settlement or let your lawyer pursue a lawsuit. Your attorney will provide honest advice but ultimately defer to you.

Completing a Trial, if Necessary

If you have your lawyer lead a lawsuit and your case goes to trial, your attorney will:

• Explain what lies ahead
• Accompany you to any depositions
• Organize all case-related materials for court
• Make opening and closing arguments
• Question witnesses
• Present and critique evidence
• Oversee every other detail of your court case

While trials generally take longer than settling, the financial reward of a trial can be significant. Your lawyer can advise if going to trial is right for you.

Can I Handle My Own Rear-End Accident Case?

If you don’t hire a qualified car accident lawyer:

• Case demands may overwhelm you: Insurance claims and lawsuits can be rigorous obligations. Between traveling to case-related sites, dealing with insurers, and preparing your case, you may become overwhelmed by the demands of securing a financial recovery.
• You may struggle to fund a successful case: The strength of your case may depend on the financial resources invested in it. A law firm can invest heavily in cases because of their existing resources. Left to pay for your own case, you may struggle to pay for case-related resources like expert testimony.
• Find yourself at the mercy of insurers: When you deal directly with insurers, you face a host of risks. You might make a verbal error that indicates you were at fault for the accident. You might also accept a settlement that proves to be less than you deserve. With a lawyer, you won’t have to deal with insurers.
• Fail to obtain the amount of compensation you deserve: If you do not present a strong case and negotiate effectively, you may not secure the amount of money you deserve from insurers. Such a failure can cause long-term harm to your financial security and quality of life.
• Compromise your health: If you do not focus primarily on your recovery after the accident, your health may suffer. By allowing an attorney to handle your case, you may have more time to rest and seek the treatment you need.

You can avoid all of these risks by hiring a car accident lawyer.

Your Attorney Will Demand Fair Compensation for Your Damages

Your legal team will band together to secure all of the money you deserve.

Your lawyer will consider both economic and non-economic damages, which may include:

• Medical costs, including emergency transport, emergency care, medical imaging, surgery, hospital services, and all other accident-related medical care
• Pain and suffering, including anxiety, depression, post-traumatic stress disorder (PTSD), sleep problems, lost quality of life, scarring and disfigurement, and physical pain
• Property costs, which include the cost of repairing or replacing your vehicle and securing temporary transportation
• Professional damages, including lost income, diminished earning power, lost bonus opportunities, and any other professional harm

If a loved one dies because of injuries suffered in a rear-end collision, an attorney will seek justice for you. When you suffer harm because of another person’s negligence, turn to an experienced car accident lawyer for help.

Can I Afford the Cost of Hiring a Lawyer?

Yes, you can afford a car accident attorney. In general, injury attorneys see the financial stress that clients often face, so they offer a fee structure that works for all parties.

When you hire a car accident lawyer, you:

• Don’t pay any upfront fees or costs to the law firm
• Get total financial support from the firm, which will cover expert fees, filing costs, and other expenses
• Agree that they will receive a percentage of any financial recovery they secure

If the law firm negotiates a settlement or wins a jury award, it will receive fair payment for its services. If the law firm does not obtain the compensation you deserve, it will not charge fees for its services.

This is a no-win, no-fee arrangement that motivates your law firm to obtain all of the compensation you deserve.

Do I Need to Hire My Lawyer Right Away

You should hire your car accident lawyer as soon as possible because:

Your Case Comes with a Strict Filing Deadline

State laws require victims of rear-end accidents to file personal injury lawsuits within a certain period of time. This deadline is known as the statute of limitations, and it is a deadline you cannot miss if your case requires litigation.

If you hire your lawyer as soon as possible, you should avoid missing the filing deadline for your case.

You Must Claim Important Evidence as Soon as Possible

Some forms of evidence can’t wait. Video footage and eyewitness testimony may not be available if you wait to collect them. Because your attorney will be the one gathering evidence, you should hire them as soon as possible so they can secure all important evidence.

Insurance Companies May Be Actively Contacting You

Accident victims almost always interact with insurers. If you hire a lawyer, though, your attorney will deal with insurers.

More specifically, your lawyer will:

• Make any statements the insurance companies require
• Ensure your account of the accident is thorough and complete
• Prevent insurers from pressuring you to accept a lowball settlement
• Pressure the insurance company to move forward with your claim in an efficient manner

The slightest error can compromise your insurance claim. Retain your attorney as soon as possible so they can take control of the claims process.

There Is No Reason to Wait Before Hiring Your Attorney

There is simply no reason to wait before hiring a car accident lawyer. So long as you do your homework to identify a capable attorney, you should not wait to hire your attorney.

There are no financial barriers to hiring a car accident lawyer. You can also complete free consultations as you identify the right law firm to handle your case. Look for a personal injury law firm in Seattle with relevant case results and positive client reviews. Start this process as soon as possible knowing there are time-sensitive aspects of your case.

In today’s busy and hurried world, getting enough sleep may seem unattainable. However, drowsy driving can cause reduced reaction time and impaired judgment, placing other drivers at risk for serious harm. If you’ve been seriously injured by someone who was drowsy driving, contact a car accident lawyer who can help you explore your options. While each case is different, you may be entitled to compensation for medical bills, lost wages, and pain and suffering.

How Driver Fatigue Causes Accidents

Too many drivers underestimate how much a lack of a good night’s sleep affects their ability to drive safely. According to the National Highway Traffic Safety Administration, drowsy driving is the cause of about 91,000 motor vehicle crashes each year. Drowsy driving-related crashes result in about 50,000 injuries annually. Roughly 795 are fatal crashes.

According to the National Sleep Foundation, drivers who go a full 24 hours without sufficient sleep are as impaired as drunk drivers with a 0.10% blood alcohol concentration (BAC) level. With a legal limit of 0.08% in most states, this indicates the very real danger of a long drive with no rest. Driver fatigue and sleep deprivation can cause car accidents in the following ways:

• High speeds: Drifting off to sleep can occur at any speed. However, when a driver falls asleep while driving at a high speed, a resulting car accident can result in serious injuries or death.
• Delayed reaction time: Drivers who fall asleep behind the wheel cannot brake or swerve to avoid objects in front of them.
• Swerving: Drifting off behind the wheel and into another lane places drivers at risk for a head-on collision.
• Overcorrecting: Other drivers may use their horns to alert and awaken a sleeping driver. Startled awake, the driver may then overcorrect or jerk the wheel in reaction to the noise. On a busy highway, sudden movements like this can result in a multi-car crash.

Not all drivers who experience fatigue actually fall asleep behind the wheel. Driving while drowsy places drivers at twice the risk of making performance errors than non-drowsy drivers, even if they stay awake. All it takes to change your life forever is a fatigued driver crashing into you on the road, as you cross the street, or while riding your bicycle.

Common Injuries Caused by Driver Fatigue

Everyone needs sleep to function. When a fatigued driver ignores their body’s need for rest, their collision with you can result in serious injuries. The average vehicle weighs approximately 4,000 pounds, and in a collision, the force of that weight transfers into your car and body. Here are just a few of the common injuries victims suffer when a tired driver crashes into them:

Broken bones

Broken bones are painful and can make performing simple tasks impossible while they heal. A violent crash can result in more than one broken bone, sometimes requiring multiple surgeries and extensive physical therapy. The recovery process is slow and may involve casts or other medical devices to limit your mobility.

Traumatic brain injury (TBI)

A bump, blow, or jolt to the head, or a penetrating head injury, can result in a traumatic brain injury. The Centers for Disease Control (CDC) reports that a TBI can range from mild to severe. The more severe the injury, the worse the impact on basic functions, including:

• Cognitive function: Thinking and memory.
• Motor function: Coordination and balance.
• Sensation: Hearing, vision, taste, and touch.
• Behavior and emotions: Anger and depression.

A loved one with a severe TBI may never again be the person you once knew. Their need for personal and medical care can cost thousands, if not millions, of dollars over their lifetime.

Spinal cord injury

Spinal cord injuries can be especially devastating for victims and their families. Spinal cord injuries are categorized as either complete or incomplete. With a complete injury, there is no movement or sensation below the point of injury. Patients with an incomplete injury experience some sensation and limited movement below the point of injury. The result is generally some form of paralysis, often making a power chair, home modifications, and special transportation essential. Replacing medical equipment, accessible vehicles, and power chairs throughout someone’s lifetime is costly. The estimated cost of a spinal cord injury is in the millions of dollars.

Internal injuries

Even if you feel fine immediately following an accident, accept medical attention. Internal injuries such as internal bleeding or organ damage aren’t easy to detect right away. Only a trained medical professional and hospital tests can determine if you have internal injuries. Never underestimate the impact of a violent collision on your body; seek medical attention right away after a car accident.

Burns

A drowsy truck driver hauling flammable liquids can place you at risk of serious burns. If the cargo tank spills during a rollover or other type of collision, the possibility of fire or an explosion is very real. Burn injuries typically require treatment at a burn center. Depending upon the severity of your burn, you may require plastic surgery and skin grafts. Burn injuries can also result in emotional and psychological trauma due to scarring and limited mobility. Joining a support group can help you recover with the support of other burn victims. A drowsy or fatigued driver can change your life forever. You or your passengers may experience one or more of these serious injuries. The lasting impacts may affect your career and your relationships.

The inability to return to a job you love or to participate in activities you once enjoyed can lead to depression. Drivers who don’t care about the safety of those with whom they share the road are negligent. If you’ve experienced a serious, life-changing accident because of another driver’s choice to get on the road fatigued, discuss your case with a personal injury attorney.

Drivers Most at Risk for Driving Drowsy

Anyone who operates a motor vehicle is at risk for a drowsy-driving crash. Sleep is essential for our daily lives, and a lack of rest is downright dangerous. A few examples of drivers most at risk for falling asleep behind the wheel include:

Commercial drivers – Drivers of commercial vehicles, including tractor-trailers, buses, and tow trucks, often spend long hours on the road. The lack of opportunity to move around and the monotony of the road can lead to driver fatigue. Government regulations limit how many hours a truck driver can drive at one time. Mandatory rest periods only help if the driver can sleep during time off the road. While the average person requires seven to eight hours of sleep per night to function fully, most truck drivers average less than five hours per night.

Drivers who work a night shift – Adjusting to different work schedules can interrupt a person’s normal sleep habits. For drivers who have difficulty sleeping during the day, the end of a night shift generally leaves them exhausted. A commute home can turn deadly if a driver drifts off to sleep and into the opposite lane.

Drivers with undiagnosed or untreated sleep disorders – Many drivers get behind the wheel unaware they have an undiagnosed sleep disorder. Problems such as obstructive sleep apnea, insomnia, and narcolepsy impede healthy sleep and increase the risk of daytime sleepiness.

Narcolepsy – This sleep disorder is especially dangerous due to so-called “sleep attacks,” which cause people to fall asleep quickly during routine tasks. People with narcolepsy have a hard time staying awake during the day whether or not they get adequate sleep at night.

Drivers taking medications that make them sleepy – Certain prescription medications and over-the-counter medications, including some sleep medicine, come with warning labels about driving while taking the medication. Many drivers ignore these warnings, thinking a cup of coffee can help them to stay alert. Risking a drive to the store or work while drowsy from medication is reckless behavior.

Drunk drivers – Along with impairing a driver’s ability to operate their vehicle, alcohol also magnifies the effects of drowsiness. A drowsy, drunk driver is even more impaired and can easily fall asleep, increasing the risk that they will cause a crash.

Any driver who chooses to delay rest for any reason is a danger behind the wheel. No amount of caffeine, loud music, or fresh air can keep a drowsy driver awake or alert enough to be safe behind the wheel.

Drowsy Driving Is Dangerous

Everyone gets tired at some point during the day. When a driver knows they are driving drowsy but chooses to get behind the wheel anyway, that’s reckless behavior. Trying to trick themselves into staying awake while trying to pay attention to the road is an extremely bad idea since the body can only fight sleep for so long.

When a driver does fall asleep at the wheel, they rarely remember what happened. For this reason, law enforcement often has a difficult time listing fatigue as an accident’s primary cause. Unless the driver admits to feeling drowsy before the crash, chances are fatigue won’t make it into the accident report.

The true number of accidents involving drowsy and fatigued drivers may never be known. A study by the AAA Foundation for Traffic Safety estimates that 328,000 drowsy driving crashes occur each year— more than three times the police-reported number. The study also found that 109,000 of those crashes resulted in injury and more than 6,000 resulted in fatalities. Researchers associated with the study estimate that fatalities from drowsy driving crashes are 350 percent greater than reported.

The CDC recently shared a survey of approximately 150,000 adults in 19 states and the District of Columbia, which found the following:

• 4 percent admitted to having fallen asleep while behind the wheel at least once in the past 30 days.
• Individuals who slept less than 6 hours a day or individuals who snored were more likely to report falling asleep at the wheel.

New technologies aim to reduce accidents caused by driver fatigue. A drowsiness alert system gauges how many times a driver departs from the center of their lane over a period of time. The system uses a variety of warning signs to alert drivers, including seat vibrations, audio alerts, and dashboard visuals to remind you to take a break. Until this new technology is available in all vehicles, tired drivers remain a risk to others.

How a Car Accident Attorney Can Help

A drowsy driver can crash into you at any time—when you are walking, riding a bicycle or motorcycle, or driving to work. Your injuries can cause you and your loved ones physical, emotional, and financial stress. A car accident lawyer can help.

The personal injury attorneys at Boohoff Law offer a free case evaluation. Upon reviewing relevant evidence, our experienced auto accident attorney can describe your best options for moving forward.

A Car Accident Lawyer Can Help You Fight the Insurance Company

Representatives from insurance companies may offer you a settlement soon after the accident. An offer from your insurance company may seem like a lot of money, but it is most likely less than you deserve. Insurance companies look out for themselves and not for victims. Ensure that you can attend to your future medical needs by not speaking with insurance representatives yourself and contacting an attorney instead.

Your lawyer will take charge of acquiring all relevant evidence to support your personal injury claim, such as medical records, police reports, and witness statements. Placing your case in the capable hands of an auto accident lawyer can reduce the stress of a car accident claim. Personal injury lawyers are trained to conduct negotiations with insurance companies on your behalf so that you can concentrate on your health.

The Representation You Deserve

Don’t settle for less than you deserve. If you’ve been seriously injured due to no fault of your own and you want justice, consider securing the services of a personal injury attorney adept at handling car accident claims. Having the right legal representation on your side can make all the difference for your financial future.

If you or a family member has been injured in a car accident with a drowsy driver, time is of the essence. The sooner you schedule a free evaluation with a car accident attorney, the better for your case. Contact one of our experienced car accident lawyers today.

Call (877) 999-9999 or email Boohoff Law today – available 24/7

If you file an insurance claim or personal injury lawsuit after a car accident, the right evidence can make a big difference in the outcome of your case. Here’s what you should know about the types of evidence that could support your car accident claim and potentially lead to a better outcome. If you have been victim of car accident, reach out to an experienced car accident lawyer for legal support and guidance.

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Eyewitness Statements

Eyewitness statements are accounts from people who saw the accident happen. These statements could support your claim by offering an outside perspective on the crash and the events that led to it. Eyewitnesses can confirm critical details like weather conditions, traffic signals, and the actions of the drivers in the crash.

If an eyewitness says the other driver was driving erratically or was not paying attention, it could help you demonstrate that they were at fault. An eyewitness’s independent version of events is often powerful because they have no personal stake in the outcome of your claim.

Photographs

Photographs serve as visual proof of the accident scene, vehicle damage, and any visible injuries you suffered. They can show the relative positions of each vehicle after the crash, skid marks on the road, and the conditions of the surroundings.

They can also illustrate the extent of vehicle damage and disprove any false claims by the other driver about how the accident happened. And photos of your injuries can provide clear evidence of the harm you suffered due to the crash.

Video Footage

Video footage from surveillance cameras, dash cams, or traffic cameras can capture the actual moment of the crash. It provides a real-time record of the events leading up to, during, and after the accident. This type of evidence is hard to argue against because it shows exactly what happened.

If video footage shows the other driver running a red light or hitting your car from behind, you will have a much easier time establishing fault. Video evidence is highly persuasive in the eyes of insurance adjusters and jurors, as it allows them to see the accident themselves rather than relying on written or spoken descriptions.

Medical Records and Bills

Medical records and bills provide concrete evidence of the injuries you suffered from the car accident and the treatment you needed as a result.

Your medical records show your doctors’ diagnoses, the types of injuries you have, and the medical care you received. This includes visits to the emergency room, treatments from specialists, physical therapy sessions, and intensive procedures like surgeries.

Copies of your medical bills show how much all of this medical care cost you. This evidence is necessary because it shows the financial consequences the accident has had on your life. Insurance companies and courts use medical records and bills to understand the severity of your injuries and decide how much money you are due.

Proof of Lost Income

Proof of lost income allows you to show how the car accident has affected your ability to work and earn a living. This evidence can include pay stubs, invoices, letters from your employer, bank statements, and tax returns.

You can use it to prove that you missed work because of your injuries and show how much money you would have made if you had not been hurt.

If you were in a serious accident, you might be unable to return to work or earn the same amount of money as before the accident. In that case, this category of evidence could also include expert assessments of your lost earning potential.

With this type of evidence, you could claim compensation for the money you will not be able to earn during your lifetime as a result of the accident.

Expert Witness Testimony

Expert witness testimony comes from professionals who can explain complex aspects of your case to an insurance adjuster, judge, or jury. In car accident cases, expert witnesses often include doctors, accident reconstruction specialists, and mechanical engineers.

A doctor can talk about your injuries and how they will affect you for the rest of your life. An accident reconstruction specialist can explain how the accident happened and who was at fault.

This testimony makes complex information clearer and supports your claim by providing expert opinions on the key issues in your case. They also add credibility to your claim because they come from reliable individuals with specialized knowledge.

Cell Phone Records

Cell phone records can show whether the other driver was talking, texting, or using apps on their phone at the time of the accident. If the records show calls, texts, or data use from right before the crash, it could indicate distracted driving.

If you have evidence showing that the other driver was not paying full attention to the road at the time of the accident, it could allow you to prove liability. Cell phone records help if no witnesses or video footage shows what the other driver did. They provide timestamped records that investigators can match with the time of the accident to establish fault.

GPS Data

GPS data can show the location, speed, and route of a vehicle before and during a car accident. This data can prove where your car and the other driver’s car were at the time of the crash. It can also show whether either car was speeding.

If GPS data show the other driver was speeding or made a sudden turn before the crash, it could support your claim that they were at fault. This objective evidence comes from facts not subject to someone’s opinions or feelings. As a result, it helps in many accident claims.

Event Data Recorder (EDR) or “Black Box” Information

An event data recorder or black box records information about a vehicle’s operation in the moments before, during, and after a crash. These devices are common in commercial vehicles, but some private vehicles have them, too.

EDR data can show the speed of the vehicle, brake application, force of impact, and whether the passengers were wearing seat belts.

Information from an EDR makes it easier to reconstruct an accident and show what each driver was doing right before the collision.

If the other driver’s vehicle’s black box shows they did not brake or were speeding right before the collision, it could support your claim that they were responsible. Insurers and courts see this evidence as reliable because it comes directly from the vehicles that crashed.

Toxicology Test Results

Toxicology test results can show if the other driver was under the influence of alcohol or drugs at the time of the accident. If the tests come back positive and at or over the legal limit, you could use the results as proof that the other driver was driving while impaired.

Positive toxicology test results can provide strong evidence of fault, as driving under the influence is against the law and considerably increases the risk of causing an accident. This kind of evidence is difficult to dispute and could lend significant support to your claim that the other driver was responsible for the crash.

Vehicle Maintenance Records

Vehicle maintenance records can show whether a car was in good working order before the wreck or if it had problems that could have contributed to the accident.

For example, let’s say the other driver’s car had worn brake pads, and they could not stop in time to avoid a rear-end crash. In that case, maintenance records could prove they were negligent in maintaining their vehicle.

Thorough maintenance records can show a complete history of a car’s upkeep and whether any mechanical issues might have played a role in the accident. If the other driver ignored necessary repairs, it helps your claim by showing they were careless in looking after their vehicle’s safety as the law requires.

Vehicle Damage Reports

Vehicle damage reports detail the condition of a car after an accident. These reports come from mechanics or insurance adjusters who inspect the damage. They can show the point of impact on your car, the severity of the crash, and any internal damage not visible at first glance.

Investigators use these reports to determine how an accident happened. For example, if a report shows the back of your car has significant damage, it could support your claim that another car hit you from behind.

This evidence can also show insurance companies and courts that your car sustained damage because of the accident in question, not a previous incident.

Skidmark Analysis Results

Skidmark analysis involves looking at the marks tires leave on the road when they skid, which is a common occurrence in traffic collisions. Experts analyze these marks to figure out things like how fast the cars were going and the movements they made before the crash.

For instance, if skid marks show that the other driver braked suddenly or swerved, it could suggest that they were not paying attention and only reacted at the last second. This type of analysis allows investigators to recreate the scene and could support your claim by providing more information about how the wreck occurred.

Accident Reconstruction Diagrams

Accident reconstruction diagrams are drawings that show how a crash happened. Crash reconstruction specialists create these diagrams using evidence from the accident scene, such as photos of the positions of cars, debris, and skid marks.

A quality accident reconstruction diagram can show the directions the cars were traveling, where and how they collided, and where they ended up after the crash. Lawyers frequently use these diagrams to explain accident details clearly to insurance companies or in court.

Weather and Traffic Reports From the Accident Date

Weather and traffic reports from the date of the accident can provide important context for the crash. They can show if the weather was bad enough to be dangerous, like whether there was heavy rain, snow, or fog. They can also indicate whether heavy traffic or road closures were a factor.

These reports illustrate the conditions you were driving in, painting a more vivid picture of what happened. For example, let’s say the reports show it was raining hard when the collision occurred. In that case, this type of evidence can support your claim that the other driver was going too fast for the wet road conditions.

Traffic Citations Related to the Accident

Traffic citations are tickets that police issue to drivers who break traffic laws. If the other driver received a traffic citation related to the accident, it could serve as useful evidence that they did something illegal while driving.

For example, if they got a ticket for running a red light and hitting your car, a citation could support the argument that they were at fault for the accident.

Insurance companies and courts often consider traffic citations when deciding who is responsible for an accident. Proof of a traffic citation against the other driver could make it easier to claim that they should pay for the harm you suffered.

Why You Need a Lawyer Even if the Evidence Is in Your Favor

Pursuing an accident claim requires more than just strong evidence. You also need to understand how to present that evidence effectively and demand a fair value for your claim. This is where a personal injury lawyer can make all the difference.

Attorneys know how to use the available evidence to build a strong case and persuade insurance adjusters, judges, and juries. Lawyers can also anticipate and counter the tactics that defendants might use to dispute your claim.

Even if the evidence is in your favor, the complexity of the insurance claims process, the legal system, and state laws require a professional approach. Without the right lawyer on your side, you might settle for less than you deserve or overlook important legal strategies that could improve your case’s outcome.

Maybe you crashed when you hit a deep pothole, slid on ice, or swerved to avoid fallen branches, and it’s not exactly obvious who you can hold at fault. Regardless of the nature of the road hazard, you may wonder who should pay for your medical bills or car repairs – and the answer might surprise you.

If you have been injured in a road hazard car accident, reach out to an experienced car accident lawyer to ensure your rights are protected and to pursue the compensation you deserve.

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Common Examples of Road Hazards

When we think of the factors that contribute to traffic collisions, driver behaviors are usually top of mind. However, the condition of the road itself is a key factor in many crash scenarios.

Here are some common examples of road hazards that contribute to motor vehicle accidents:

• Potholes: Potholes present a significant risk to motorists because they can cause drivers to lose control of their vehicles. When wheels hit these cavities in the road, the impact can puncture tires, ruin wheel alignment, or cause severe damage to a vehicle’s suspension.
• Uneven Road Surfaces: Uneven road surfaces, even without significant potholes, can also make driving hazardous. Non-level roads can lead to loss of vehicle control, particularly at higher speeds. Motorcyclists are particularly at risk for this road hazard.
• Loose Gravel: Loose gravel on roads can cause a vehicle’s tires to lose traction, leading to skidding or an inability to brake effectively. Motorcycles and bicycles can lose stability and crash due to slipping or skidding on loose gravel.
• Oil Spills: Oil spills create slick surfaces that drastically reduce tire traction and can cause vehicles to slide uncontrollably. Quick maneuvers on roads with oil slicks often lead to preventable loss-of-control accidents.
• Ice Patches: Ice patches are treacherous because they can cause vehicles to skid out of control. These hazards are most common in cold climates and can occur even when local authorities treat roads with salt or sand.
• Standing Water: Standing water on roadways can lead to hydroplaning, where a layer of water builds between the tires and the road surface. Hydroplaning can lead to a loss of traction and subsequent accidents.
• Fallen Tree Branches: Fallen tree branches are serious hazards, especially when they are large and obstruct parts of the roadway. Drivers might swerve unexpectedly to avoid fallen branches or even collide with them, possibly causing traffic obstructions and secondary collisions.
• Inadequate Road Signage: Inadequate road signage can lead to confusion or misinformed decisions by drivers. Missing or unclear signs can leave drivers unaware of upcoming road conditions or regulations, potentially leading to dangerous accidents.
• Malfunctioning Traffic Signals: Malfunctioning traffic signals can cause dangerous confusion at intersections. Without clear signals, drivers might not know when to stop, go, or yield, which can result in close encounters and preventable crashes with intersecting traffic.
• Construction Zones: Road construction zones often require altered traffic patterns and lower speed limits, and drivers must be cautious in these high-risk areas. Accidents can occur if inattentive drivers fail to follow temporary signs or directions.
• Sun Glare: Sun glare can temporarily blind drivers, making it difficult to see other vehicles, traffic signals, pedestrians, or the road ahead. This can cause drivers to miss traffic signals or stop unexpectedly, increasing the risk of rear-end collisions.
• Sinkholes: Sinkholes can appear suddenly in rainy areas, creating large, dangerous openings in the road surface. They can cause significant damage to vehicles and can even lead to accidents if drivers swerve to avoid them or the road collapses under a vehicle.
• Wet Leaves: Wet leaves can create dangerously slippery surfaces on roadways. Similar to ice, wet leaves reduce tire traction and cause vehicles to skid. This is particularly hazardous when leaves cover road markings or potholes, hiding potential dangers.
• Snow and Slush Build-up: Snow and slush can accumulate on roadways, making it difficult for drivers to control their vehicles and brake properly. This type of build-up can also obscure road markings and make it harder for drivers to maintain proper lane positioning.
• Inadequate Street Lighting: Inadequate street lighting can contribute to accidents by reducing visibility at night or during poor weather conditions. This makes it harder for drivers to see road hazards.
• Broken or Missing Manhole Covers: A broken or missing manhole cover presents a direct hazard to vehicles. This type of hazard can cause tire or wheel damage and poses a significant risk to two-wheeled vehicles that can get caught in the openings.
• Eroded Road Shoulders: Eroded road shoulders can create extremely dangerous drop-offs if drivers veer off the road. The resulting uneven surfaces can also lead to loss of vehicle control or rollover accidents.

Driver Responsibilities When Road Hazards Are Present

In the United States, traffic laws and regulations can vary significantly from state to state. However, some principles and laws regarding driver responsibility in the presence of road hazards are largely consistent across jurisdictions. Here are some key examples:

Duty to Exercise Reasonable Care

Drivers have a legal obligation to operate their vehicles with reasonable care at all times. This broad duty encompasses a range of behaviors, including watching for potential road hazards and being ready to respond appropriately.

Reasonable care also means driving defensively, noticing your surroundings, and anticipating the actions of other drivers. This responsibility increases in hazardous driving conditions, such as inclement weather.

Speed Adjustments

In addition to following posted speed limits, drivers must constantly adjust their speeds based on the current road, traffic, and weather conditions. This could mean driving significantly below the posted speed limit during heavy rain, fog, or snow or near areas of road construction.

It also includes slowing down in areas with road hazards, such as sharp bends or traffic intersections. This allows more time to react to unforeseen hazards and reduces the severity of any impacts.

Safe Following Distance

Maintaining an adequate following distance allows a safe margin for stopping in emergencies and reduces the risk of rear-end collisions.

Most states have traffic laws that require drivers to keep safe following distances at all times, including when road hazards are present. If drivers fail to adjust their following distance and cause accidents, they could be liable, even if road hazards were a factor.

Use of Headlights

Headlights make a vehicle more visible to others and can significantly reduce the risk of accidents. This is particularly important during times of low visibility, such as during dawn, dusk, or severe weather. Many states require drivers to use their headlights from sunset to sunrise, during rain, fog, or snow, and in other low-visibility scenarios.

Work Zone Laws

Driving through work zones requires special attention and adherence to specific laws that aim to protect motorists and workers alike. These zones often have reduced speed limits, flaggers, and temporary signs guiding traffic flow. Drivers must be extra cautious in work zones, looking out for workers, machinery, and potential changes in traffic patterns.

Unsecured Loads

Drivers who transport items in their vehicles are legally responsible for securely fastening their loads. Most states have cargo securement laws that apply to both commercial and private drivers.

Securement must be appropriate for the type of cargo and capable of withstanding forces from acceleration, deceleration, and turns. If objects fall from any vehicle and create road hazards or cause accidents, drivers can be liable for any resulting damages.

Chains and Snow Tires

In regions with severe winter weather, these laws require the use of tire chains or snow tires during certain conditions. This type of equipment helps vehicles maintain traction on roads covered with snow and ice, reducing the risk of accidents.

When chain laws govern a particular area, road signs will typically inform drivers of the requirements.

Government Liability for Road Maintenance and Hazards

In some road hazard accident cases, government entities are liable, particularly when the condition of a public road is a primary contributing factor to an incident. Liability typically rests on whether the government entity responsible for maintaining a road neglected its duty to ensure the road’s safety.

You can hold any of the following government entities liable for a preventable road hazard accident:

• Municipal Governments: Local entities must maintain city streets and smaller roads within their jurisdictions. If a municipal government fails to address known hazards or does not perform adequate maintenance, you can hold it liable for accidents.
• County Governments: County governments oversee a broader range of local roads that often fall outside of municipal boundaries. They are responsible for regular upkeep and could be liable for hazard-related crashes.
• State Governments: State departments of transportation manage state highways and interstates. If a road hazard on these roads results from poor maintenance or design and leads to an accident, the state could be liable.
• Federal Government: While less common, some roads are the responsibility of the federal government, such as those in national parks. If a preventable hazard causes an accident on federal land, the U.S. government could be liable.

Bringing a claim against a government entity is a complex procedure fraught with numerous administrative hurdles. If you know or suspect you have a government liability claim, consult a lawyer with experience in personal injury and government claims to guide you through the process.

Evidence in a Road Hazard Accident Case

To establish liability in a road hazard accident claim, your lawyer can identify and gather numerous types of evidence to construct a compelling case. This evidence must illustrate not only the presence of the hazard but also the responsible party’s negligence in failing to address or respond to it appropriately.

Common types of evidence in road hazard accident cases include the following:

• Accident scene photographs
• Surveillance or traffic camera footage
• Police accident reports
• Previous accident reports from the same location
• Eyewitness statements
• Expert witness testimony
• Road maintenance records
• Weather reports for the day of the accident
• Vehicle damage reports
• Cell phone and GPS records
• Skidmark analysis reports
• Traffic signal timing data
• Road design plans
• Construction zone permits and plans
• State and municipal transportation regulations
• Road hazard warning signs or lack thereof
• Commercial cargo logs and securement information
• Maintenance records for traffic lights or signage

How a Road Hazard Accident Lawyer Can Help

In the aftermath of a road hazard accident, having a proficient lawyer can make a significant difference in the outcome of your claim.

Here are just a few of the ways a knowledgeable personal injury attorney could help you:

• Investigating the accident to identify contributing factors like road hazards
• Gathering and preserving useful evidence
• Identifying all potential sources of liability and compensation
• Consulting with accident reconstruction specialists and other experts
• Reviewing traffic and surveillance camera footage
• Interviewing eyewitnesses who saw the collision occur
• Analyzing medical records to assess injury claims
• Communicating with other parties and their insurers on your behalf
• Drafting and filing a detailed complaint outlining your claim
• Negotiating with insurance companies for fair settlements
• Reviewing settlement offers to ensure they are fair and comprehensive
• Taking your case to court if legal action is necessary
• Filing all necessary court documents within legal deadlines
• Representing you in court proceedings
• Challenging evidence from opposing parties

Did you recently suffer harm in a car accident that involved a government entity in some capacity? You might have a claim against the government if the accident was due to something that was the government’s responsibility, like a broken traffic light. Winning a claim against the government is tough, but it is possible in certain situations with the help of a knowledgeable car accident lawyer.

When Could the Government Be Liable for a Car Accident?

In countless scenarios you can hold the government liable for a car accident.

Here are just a few examples:

• Negligent Driving by a Government Employee: If a government employee drives a government-owned vehicle recklessly or carelessly while working and causes an accident, you can hold the government liable.
• Poor Road Maintenance: Local governments must maintain roads. If an accident occurs because of a pothole, unclear road signs, or other maintenance issues, the government entity in charge of road upkeep might bear responsibility.
• Malfunctioning Traffic Lights: If a traffic light is not working properly and a government entity fails to fix it in a timely manner, you can hold the government at fault for any resulting accidents.
• Poor Road Design: Sometimes, the fundamental design of a road increases accident risk. For instance, sharp turns without proper signage might increase the chance of rollovers, especially for larger vehicles. In such cases, you can hold the entity responsible for road design liable.
• Inadequate Snow or Ice Removal: If a government entity does not clear the roads effectively after a snowstorm, and this leads to an accident, you can hold them responsible for any harm or losses that result.
• Lack of Adequate Signage: The government must provide proper signage on roads to alert drivers of hazards or changes in traffic patterns. Missing or hidden signs that contribute to accidents could render the government liable.
• Faulty Government Vehicle Maintenance: If the government fails to properly maintain a vehicle, and a preventable malfunction causes an accident, you can hold the government accountable.
• Inadequate Training of Government Drivers: Government entities that directly employ drivers must train those drivers properly. Crash victims could have grounds for a government claim if an accident occurs because a government driver did not receive appropriate training.
• Construction Zone Negligence: Government entities often oversee construction zones in public spaces. You can hold the government responsible if it fails to manage an area safely and an accident happens as a result.
• Failure to Address Known Hazards: If a government entity does not take action to fix a known hazard on the road, and it leads to an accident, you can hold the government liable.

How Are Government Claims Different From Standard Car Accident Claims?

Filing a claim against a government entity after a car accident is not the same as filing a claim against another driver or their insurance company. Here are the key ways that government claims differ from standard car accident claims:

Notice Requirements

One of the first differences you’ll encounter when filing a claim against a government entity is the strict requirement to provide notice of your claim. It’s a legal requirement with a deadline that’s usually between 30 to 180 days after the accident, depending on the jurisdiction.

In your notice, you must typically include specific details about the claim, such as the accident date, location, and circumstances. You’ll usually want to include a description of the injuries and damages you’re claiming, too.

Failure to adhere to the appropriate filing deadline or to include all necessary information could result in the dismissal of your claim before it even gets started.

Special Forms

Unlike in the standard car accident claims process, where you might simply contact the insurance company, claims against government entities often require you to complete specific forms.

These forms are often detailed and require information not typically necessary in regular insurance claims, such as a precise legal theory of why the government is liable.

Correctly completing these forms is essential because any errors could delay the process or lead to the denial of your claim. This is where the help of an attorney can make all the difference. Your attorney can identify all necessary documents and forms for your claim and fill everything out while you focus on recovery.

Limited Time to Sue

If you do not settle your government claim during the administrative phase, you might decide to take your claim to court. If you do, you’ll find that the timeframe for initiating a lawsuit against a government entity is usually much shorter than it is for suing a private party.

Oftentimes, you’ll have just six months to a year to file a lawsuit against a government entity. Waiting too long to sue could mean losing your legal rights to seek compensation, no matter how strong your underlying case might be.

Caps on Damages

Another major difference is that many government entities have limits or damages caps on how much money you can recover from your accident claim. These caps can limit the amount you can recover for certain losses, such as pain and suffering, and they often apply no matter how severe your injuries are.

If the accident happens in an area with a damages cap for government claims, it could affect the amount of money you can claim for your losses. So, even if the total amount you are due exceeds the cap, you cannot recover more than the maximum amount allowable by law.

Sovereign Immunity

Sovereign immunity is a legal doctrine that says you cannot sue the government without its consent. While many governments have waived this immunity to some extent for car accident claims, many restrictions and conditions are still in place.

For instance, the government could enjoy complete immunity for certain types of incidents or levels of negligence, which could make it more difficult for you to prove your case.

Different Investigation Processes

The government will likely investigate your claim differently than an insurance company would in a standard car accident claim. Government investigations could involve different government agencies and often take more time.

For instance, a government entity may conduct its own internal investigation rather than relying on police reports.

The government might also have different standards for what constitutes sufficient evidence to support your claim. This could lead to delays and potentially a less favorable interpretation of the facts, as the government might be more focused on defending its interests than on being scrupulously fair.

Understanding how the government will handle your claim can prepare you for what information you must provide and what to expect during the investigation.

Varied Insurance Coverage

Finally, insurance coverage for government vehicles does not always work the same way as it does for private vehicles. The government might self-insure, which means it handles claims and payouts directly rather than through an insurance provider.

This could affect how negotiations play out, the amount of compensation available, and the overall strategy for pursuing your claim.

Are There Different Procedures for Filing Claims Against Local, State, and Federal Government Entities?

Yes. When dealing with a local government entity, such as a city or town, you often have to file a claim directly with the city clerk or other local office.

In some cases, you might even need to file with the specific department responsible for the issue that led to the accident. These entities often have their own forms and deadlines, which are usually quite strict.

You typically need to file with the state’s treasury or risk management department for state government claims. The state will have its own set of forms and procedures, and the timeframe for filing a claim can differ from that of local governments.

Some states may limit how much compensation you can seek.

Filing a claim against the federal government follows a different set of rules under the Federal Tort Claims Act (FTCA). You would need to file a Standard Form 95 to start the claim process. This form asks for detailed information about the claim, and you must file it within two years of the incident. Each step of the process with the federal government is more formal and complex than filing with local or state government entities.

Whether you have a claim against a local government, the state, or the federal government, you need and deserve professional representation. A lawyer will know all the requirements and details necessary for each type of claim.

How Do I Determine Which Government Entity Is Liable for My Car Accident Claim?

To determine which government entity is liable after a car accident, you must look at several factors.

First, consider the location of the accident. The local city government might be responsible if it happened on a city street. The state’s transportation department could be liable for accidents on state roads or highways.

And you can hold the federal government at fault if the accident involved a federal government vehicle or it occurred on federal property, like a national park.

Next, look into what caused the accident. If a poorly maintained road or a malfunctioning traffic signal was the cause, the entity in charge of maintenance – often a city or state public works department – could be liable.

If the driver of a government vehicle, like a postal truck or police car, caused the accident, the specific government agency that operates the vehicle is likely responsible.

Even if you’re reasonably sure which entity to hold accountable, you should contact a lawyer for professional assistance. They can investigate who is in charge of the area or the vehicle that caused the accident. This way, you make sure you’re filing a claim against the right government body.

What Types of Evidence Do I Need to Support a Car Accident Claim Against the Government?

Solid evidence is particularly important in government liability claims.

The best way to support your claim is to work with a seasoned personal injury lawyer who can identify, preserve, and present useful evidence, such as:

• Accident scene photographs
• Police accident reports
• Witness statements
• Traffic surveillance camera footage
• Vehicle damage reports
• Medical records of your injuries
• Expert testimony on road safety
• Government vehicle maintenance records
• Weather and traffic reports from the accident date
• Road maintenance records
• Government employee driving records
• Emergency response records
• Forensic analysis of the crash site
• Road design documents
• Correspondence with government officials
• Dashcam video footage
• Copies of government policies and procedures
• Testimony from accident reconstruction specialists

Many people assume that the driver of the rear vehicle is always at fault for a rear end accident. However, that is not the case. Whether you were the driver in front, the one behind, or even a third party, here’s what you need to know about liability in rear end accidents. If you find yourself in such a situation, seeking advice from a rear-end accident lawyer can help you navigate the legal complexities and ensure your rights are protected.

Request A Free Consultation Today!

When Is the Rear Driver at Fault for a Rear End Accident?

Establishing fault is a pivotal step after a rear end collision.

In many rear end accident cases, the rear driver bears responsibility due to one or more of the following contributing factors:

• Distracted Driving: When a driver’s attention strays from the road, whether due to texting or other distractions inside or outside the vehicle, their delayed reaction time can result in a rear end collision.
• Driving Under the Influence (DUI): Impairment from alcohol or drugs severely hampers a driver’s judgment and reflexes. If a rear driver is under the influence, their compromised ability to respond to traffic changes can result in devastating rear end collisions.
• Drowsy Driving: A drowsy driver is a danger on the road. Reduced vigilance and slower reaction times can prevent a rear driver from slowing or stopping in time to avoid rear end accidents.
• Speeding: Excessive speed reduces the available time a driver has to react to the traffic ahead. A rear driver traveling too fast might not decelerate in time to keep from crashing into the vehicle ahead.
• Tailgating: Following too closely, or tailgating, leaves insufficient stopping distance between vehicles. If the front car stops abruptly, the tailgating rear driver is often at fault for not maintaining a safe distance.
• Dependence on Smart Driving Systems: Over-reliance on automated driving aids gives some drivers a false sense of security. If a rear driver trusts too heavily in these systems and fails to intervene when necessary, you can hold them liable for avoidable collisions.
• Lack of Vehicle Maintenance: Neglecting regular vehicle maintenance, especially for brakes and tires, can impede a car’s ability to stop promptly. You can hold a rear driver with a vehicle in poor condition liable if preventable defects cause a rear end accident.
• Poor Road Conditions: While poor road conditions can contribute to an accident, the onus is on every driver to adjust their driving as necessary. You can hold a rear driver who fails to adapt their speed or following distance on a dangerous road responsible for a resulting rear end collision.

When Is the Leading Driver at Fault for a Rear End Accident?

While the rear driver is often liable in a rear end collision, the front driver’s actions can contribute to the incident.

Here are common contributing factors that can shift the responsibility to the leading driver after a rear end car accident:

• Impaired Driving: You can hold a front driver could be at fault for a rear end collision if they are drowsy, distracted, or operating their vehicle under the influence. Erratic driving behavior, such as lane weaving or unpredictable speed changes, can contribute to confusion and preventable rear end crashes.
• Sudden Deceleration: A leading driver can also cause a rear end collision if they abruptly slow down without a clear reason, especially on a highway or in free-flowing traffic. This type of sudden maneuver can cause a rear driver, who is maintaining an appropriate speed and distance, to collide with them.
• Intentional Brake Checking: Brake checking occurs when one driver deliberately slams on the brakes to intimidate or retaliate against another. Even if the rear driver is following at a safe distance, this aggressive tactic can prevent them from reacting in time to avoid rear ending the other car.
• Lack of Vehicle Maintenance: Similar to the rear driver, you can hold the front driver liable if inadequate vehicle maintenance contributes to a rear end accident. For instance, if a front vehicle’s malfunctioning brake lights prevent the rear driver from recognizing the need to stop, you can hold the leading driver at fault for the accident.
• Unsafe Lane Changes: Sometimes, leading drivers merge into neighboring lanes without proper signaling or space, causing rear vehicles to collide with them. In these situations, the front driver’s failure to execute a safe lane change could render them responsible for the crash.

Useful Evidence in Rear End Accident Cases

When insurance adjusters, lawyers, and other parties investigate car accidents, their goal is to locate sufficient evidence to determine what happened and who was at fault. Depending on the circumstances, your rear end accident lawyer might use one or several of the following types of evidence to prove your case:

Photographs

Photographs capture the unspoken details of a rear end accident scene with stark clarity. Lawyers use these images to document the positions of vehicles post-collision, the extent of the damage, skidmarks on the road, traffic signals, weather conditions, and any road obstructions or defects. They provide visual context that can sway the court’s opinion of how and why a collision occurred.

Traffic Camera Footage

Modern traffic cameras capture many road incidents. Lawyers can use video footage from these cameras to establish the sequence of events leading to a collision and illustrate who was at fault. They can show the behavior of each driver before the impact, such as erratic driving, sudden stopping, or failing to signal, providing clear facts regarding the circumstances of the accident.

Vehicle Damage Reports

The pattern and extent of damage on the vehicles that collided can reveal much about the dynamics of a rear end crash. Lawyers can often leverage vehicle damage reports to infer speeds, angles of impact, and the force of the collision.

These reports can indicate whether a car was stationary or in motion at the time of the crash, making it easier to ascertain which party was at fault.

Eyewitness Testimony

People who witnessed the accident can provide useful details that neither driver recalls or thinks to mention. Lawyers frequently call upon eyewitnesses to recount their versions of events, which can corroborate or refute the accounts of the drivers. This testimony is often instrumental in piecing together the moments before and during the rear end accident.

Police Reports

After a rear end collision, law enforcement officers who respond to the scene typically compile reports that document what happened. These reports include police observations, statements from the drivers and witnesses, and sometimes officers’ opinions about who was at fault.

Lawyers often use these police reports to glean insights into the accident and to support their clients’ claims.

Cell Phone Records

In cases where distracted driving is a possible factor, lawyers often request cell phone records to determine whether a driver was texting or calling someone at the time of the accident. This evidence can indicate that a driver’s lack of attention contributed to the collision and bolster claims regarding who was at fault.

Toxicology Test Results

Toxicology tests measure the presence and concentration of alcohol, drugs, or other intoxicating substances in a person’s system. Lawyers present these results to demonstrate whether a driver was under the influence at the time of the rear end collision.

A positive result could be a damning piece of evidence, often irrefutably establishing a driver’s liability for the accident.

Dash Cam Footage

Dash cameras have become increasingly common and can provide indisputable evidence of the events leading up to a collision. Lawyers can use dash cam footage to show the court exactly what happened, potentially capturing negligent behavior like tailgating or abrupt lane changes that could prove liability.

Expert Testimony

Expert witnesses bring a layer of analytical depth to a rear end accident case. These professionals, with expertise in fields like medicine, accident reconstruction, or automotive engineering, offer informed opinions based on the available evidence.

Lawyers rely on expert testimony to translate complex data into understandable insights that can establish fault and the extent of damages.

How Much Can I Get for a Rear End Accident Claim?

If you suffer harm in a rear end accident, you could file a claim against the other driver’s insurance policy to recover monetary compensation.

Depending on the circumstances of your rear end accident claim, you could demand compensation for:

• Past and future medical expenses resulting from the accident
• Incidental, out-of-pocket costs, like medical travel expenses
• Income losses from any time you miss at work while you recover
• Projected losses in lifetime earning capacity resulting from the crash
• Subjective losses like pain, suffering, and reduced quality of life

The amount of money you can get for each of these categories varies considerably depending on your unique situation.

These factors will influence how much you recover for your losses in a rear end accident claim:

• The severity of any injuries you sustained
• The total medical expenses you incurred
• Your long-term medical care requirements
• The need for rehabilitation or therapy
• Any loss of income due to your injuries
• Any future losses of earning capacity
• The extent of any damage to your vehicle
• How long it takes you to recover
• Your age and overall health before the accident
• How the accident affects your quality of life
• The degree of pain and suffering you endured
• Whether you experience psychological trauma, such as PTSD
• How your injuries affect your relationship with your spouse
• Whether you have pre-existing medical conditions
• The clarity of liability in the accident
• The insurance coverage of the at-fault driver
• The credibility of the available evidence
• Whether any witnesses saw the collision
• Aggravating circumstances, such as DUI

Do I Need a Lawyer for a Rear End Accident Case?

Yes. Even if you’re pretty sure the other driver is at fault, you should still hire a personal injury lawyer to represent you.

• Investigating the accident to identify liable parties and useful evidence
• Exploring all possible sources of compensation to maximize your payout
• Reviewing and analyzing police and accident reports
• Consulting medical professionals to assess the full extent of your injuries
• Gathering and organizing medical records and bills related to your injury
• Calculating the total costs of your medical treatment and rehabilitation
• Demonstrating how much your injuries affect your ability to work
• Interviewing witnesses who were present at the scene of the accident
• Arranging expert testimony to support your claim
• Advising you on the legal options and strategies available for your case
• Filing all necessary paperwork for insurance claims and court proceedings
• Handling communications with all other parties relevant to your case
• Negotiating with insurance companies on your behalf
• Advocating for you during settlement negotiations to reach a fair agreement
• Preparing for trial if a satisfactory settlement is not possible
• Drafting and filing a personal injury lawsuit if necessary
• Representing you in all legal proceedings and hearings