Rear-end collision settlement claims have to be one of the most complicated topics when it comes to understanding your rights after an accident.
Think everyone just rear ends you, causes a crash, and pays for the damages? Think again.
Insurance companies fight these claims vigorously and without knowing the right information, car accident victims settle for pennies on the dollar.
Let’s dive into…
What You Need To Know:
- Why Are Rear-End Collisions The Most Common Accident Type?
- Rear-End Collision Fault Laws You Should Know
- How Is Your Collision Settlement Determined?
- The Top Injuries To Leverage In Your Claim
- Important Steps To Know After Being Rear Ended
Why Are Rear-End Collisions The Most Common Accident Type?
Before getting into the legal stuff. Let’s look at a stat…
In 2023, there were 1,748,481 rear-end crashes across the United States. These accidents accounted for 28.5% of total car crashes nationwide. Making rear-end collisions the most common type of car accident overall.
Now you might be wondering what on Earth causes so many people to rear end other vehicles? Well…
Texting and driving is the number one reason why rear-end collisions occur so frequently. Per the National Highway Traffic Safety Administration (NHTSA), an estimated 87% of rear-end crashes involve a distracted driver. Simply put, when you’re on your phone or distracted by something else in the car, you won’t see that stopped car in front of you until it’s too late.
As you can imagine, there are a variety of other reasons rear collisions happen including:
- Driving too close to another vehicle
- Driving too fast for road conditions
- Changing lanes without signaling
- Adverse weather (rain/snow/ice)
- Brake failure or malfunctioning brake lights
Rear-end collisions are common because so many drivers behave recklessly on the road. Don’t be that person.
Rear-End Collision Fault Laws You Should Know
As mentioned above, many people think that if you get rear ended… someone hits you from behind… that’s it, they’re automatically at fault.
In most cases that’s true. However, there are situations where fault can be disputed in a rear-end collision.
Why?
Because state laws handle rear collision liability differently. And some common scenarios can shift blame onto the person that wasn’t rear-ended.
You’ll typically see this with sudden stops. Or if the front car reverses out of a parking spot and hits a car behind them. Violations like running a stop sign or failing to use your brake lights can also shift fault.
That is why knowing your state’s rear end collision laws is key.
Reviewing rear end collision cases in Connecticut is a great example of how comparative fault laws can directly affect a rear-end collision settlement. Reading through your state’s specific rulings is recommended so you know exactly how these laws can impact your outcome if you’re ever in an accident.
The easiest way to understand who is at fault in your state is by reading through this guide from Nolo. Once you have a general idea. Do a search for “[your state] rear end collision case law.” It’ll bring up specific cases in your state (with rulings) that you can reference when fighting for your settlement.
How Is Your Collision Settlement Determined?
The amount you receive for a rear-end collision settlement can vary depending on many different factors.
Let’s break down…
The main factors that affect your rear-end collision settlement:
- Injuries: the severity of your injuries plays a large role in your settlement amount
- Medical expenses: this includes past and future medical treatment related to the accident
- Lost wages: if you had to miss time at work due to injuries, you can be compensated
- Pain and suffering: compensation for your physical and emotional trauma caused by the accident
- Proof: like with any claim… evidence that the other driver was negligent will increase your settlement value
- Speed: how fast the at-fault driver was going when they hit you
- Insurance limits: the maximum amount of money the at-fault driver’s insurance will cover
One of the biggest factors that people tend to leave out of their settlement is documentation.
Police reports, medical documentation, pictures of the scene, witness testimonies, etc. are extremely valuable when it comes to negotiating your settlement with insurance companies.
You shouldn’t leave money on the table. Make sure you have every piece of evidence you can find to support your claim.
The Top Injuries To Leverage In Your Claim
Rear-end accidents can range from minor fender-benders to catastrophic crashes. Generally speaking, they can cause a variety of different injuries.
Whiplash is the injury most people associate with getting rear-ended. As your vehicle is struck from behind, your head is thrust forward and then snapped back by your headrest. This sudden movement causes serious neck strain and damage. In fact, 85% of neck injuries from car accidents are caused by rear-end collisions.
Headaches and back injuries also commonly occur when someone is rear-ended. Though there are a few other injuries you should know about:
- Herniated discs
- Traumatic brain injuries
- Broken bones (wrists, ribs, collarbone)
- Soft tissue damage
- Psychological damage (PTSD, anxiety, fear of driving)
Rear-end accident injuries can be deceiving…
As many of these injuries listed above don’t show up right away. Some symptoms can take days or weeks to develop. If you wait too long to seek medical treatment, your insurance company could use that against you when negotiating your settlement.
Important Steps To Take After Being Rear Ended
After being involved in a collision, some car accident victims try to quickly handle the situation by contacting their insurance company and calling it a day.
While telling your insurance provider about the accident is crucial. There’s a lot more you should be doing to protect the value of your claim.
Things to do after a car accident:
- Call the police to get a police report
- Get medical attention (tell the doctor everything you feel, even if you think it’s minor)
- Document the scene with photos
- Gather witness information
- Notify your insurance company you were in a crash, but don’t give a recorded statement
- Save any medical bills, prescriptions, or out-of-pocket expenses you receive as a result of the accident
- Keep records of any time you missed at work due to your injuries
- Contact a personal injury attorney ASAP
Neglecting to do any of the above items could severely harm your settlement case. However, the number one mistake that people make is accepting the insurance company’s first settlement offer.
Insurance companies are focused on saving their clients money. So their first offer will always be very low. Don’t fall into that trap.
Wrapping Things Up…
If you’ve been involved in a rear-end collision, you should know that it’s not always as simple as it seems.
Proving fault, understanding state laws, and knowing what your injuries are worth are absolutely crucial to getting the settlement you deserve.
Here are the biggest takeaways from this article:
- Rear-end collisions are the most common type of motor vehicle accident
- Texting and driving causes a majority of these types of accidents
- State laws vary when it comes to proving who is at fault in a rear-end collision
- Always document your injuries, and seek medical attention immediately after the crash
- Following the right steps after an accident can increase your settlement value
Hopefully reading this article has educated you on rear-end collisions. If you want to know more about increasing settlement offers, consider hiring a lawyer to help you navigate the process.
A knowledgeable attorney can help ensure you get the compensation you deserve by fighting for you.
