Neil R. Marion Injury Law Logo Banner without background

Rear-End Accidents

Injured in a rear-end accident?

Experienced Rear-End Accident Law Firm Serving Injured Claimants in Massachusetts, New Jersey and New York

Rear-end collisions are one of the most prevalent type of car accidents in the United States, often caused by factors like distracted driving, tailgating, sudden stops, driver inattention, and adverse weather conditions. These accidents can result in whiplash injuries due to the rapid movement of the head and neck upon impact but that’s just one of the most common type of injuries and not the only type.

Liability is often attributed to the driver of the rear vehicle, as safe following distance is expected, however, that is not always the case. In fact, Neil R. Marion, Esq., has recovered money for a rear vehicle driver who was injured where the car in front stopped short without warning. 

Advanced safety technologies like automatic emergency braking aim to reduce rear-end accidents, but these systems are not foolproof and they may not prevent a driver in your rear from striking you if said driver doesn’t have this technology installed in their vehicle. Legal considerations involve factors such as vehicle speed and brake light functionality, among other things, and safe driving practices, awareness of road conditions, and cameras can be essential for preventing, or being held liable for, such accidents.

While rear-end crashes have been occurring since nearly their first use, there are more forms of distraction and a greater number of cars on the road than ever before. A rear-end accident can not only be a case of severe driver negligence but can also cause potentially life-threatening injuries.

If you, or someone you know, has been injured in a rear-end accident in the Massachusetts, New Jersey, or New York areas, you may be entitled to financial compensation. If you would like to discuss your legal matter, please contact Neil R. Marion Injury Law at 862-377-9079.

Legal Considerations in Rear-End Accidents: Understanding Liability, Compensation, and Legal Steps

Rear-end accidents are a common occurrence on the roads, often resulting in unexpected consequences for those involved. Understanding the legal considerations surrounding these accidents is essential for protecting your rights and seeking appropriate compensation. Below, we delve into some of the legal aspects of rear-end accidents, covering liability, compensation, and the necessary legal steps to take.

Liability in Rear-End Accidents

You might assume that if you are rear-ended, it would be straightforward to establish the other driver is at fault. Indeed, it is often the case that the rear vehicle is at fault on the assumption that drivers must maintain a safe following distance and be prepared to stop in the event the vehicle in front brakes. However, the situation isn’t always so straightforward. The other driver, or their insurance company/insurance company’s expert, may claim that you suddenly, and improperly, applied your brakes, your brake lights were malfunctioning, there was adverse weather conditions that made this collision unavoidable or you reversed into the other vehicle. This becomes even more complicated if there are no witnesses or video footage or if the witnesses or video footage are unclear about what happened. 

Now, even assuming that an insurance company acknowledges the fault of the other driver for the collision, they will likely challenge the extent of damages you’re entitled to receive. Rear-end accidents often occur at low speeds, leading the insurance company to argue against the possibility of substantial injuries. They could allege pre-existing conditions or even suggest that you’re exaggerating your injuries. For example, Massachusetts’ Courts recently ruled that insurance carriers can admit the property damage photographs into evidence at trial for the purpose of “allowing defense counsel to argue a correlation between the property damage from the collision and personal injuries sustained by the plaintiff.” Lacetti v. Ellis, No. 22-P-466 (2023).NoNo2-P-466. 22

P466

The reality is that significant injuries can and do result from low-speed collisions, and even seemingly minor property damage can result in significant injuries. Depending on your profession, injuries like whiplash, sprains, or fractures could hinder you from working for weeks or months. Receiving proper medical care, such as physical therapy, may be necessary to regain your pre-accident state. These expenses could burden you financially, and it’s your right to seek compensation for these losses.

compensation for damages

Victims of rear-end accidents may be entitled to compensation for various damages, both economic and non-economic. Economic damages are those that can be measured, such as medical expenses and lost wages. Non-economic damages are those that can’t be calculated, such as pain and suffering and loss of consortium claims. It is important, especially for the non-economic damages, that you hire an experienced personal injury attorney that can properly help you understand the expected value of your case based on their experience and jury verdicts with similar fact patterns. 

These possible range of damages include, but are not limited to:

  1. Medical Expenses: This covers costs related to medical treatment, hospitalization, medication, therapy, and rehabilitation.

  2. Property Damage: Compensation for repair or replacement of the damaged vehicle and other property.

  3. Lost Wages: If the accident resulted in missed work days, you can seek compensation for lost income.

  4. Pain and Suffering: Non-economic damages such as physical pain, emotional distress, and diminished quality of life.

  5. Future Medical Expenses: This covers the cost of treatment in the future that you are expected to need as a result of your injuries from the accident.

  6. Loss of Earning Capacity: This covers the loss of earning capacity that results from your accident such as if you are no longer able to do your job due to your injuries. 

  7. Loss of Consortium Claim: This is a claim brought by the spouse of an injured person that comes about as a result of the loss of expected marital duties that would have otherwise been performed had it not been for the injured spouses injuries.

Remember that seeking legal advice from a qualified attorney is essential, as they can guide you through the process, negotiate with insurance companies, and help you obtain the compensation you deserve.

CONSIDERATIONS FOR HIRING AN EXPERIENCED Rear-end ACCIDENT ATTORNEY

If you’ve been involved in a rear-end accident, hiring the right attorney can greatly affect the outcome of your case. Here are some important considerations to keep in mind when choosing an attorney:

  • Experience and Expertise: Look for an attorney with a proven track record in handling personal injury cases, particularly those involving rear-end accidents. 

  • Knowledge of Regulations: An attorney well-versed in local regulations and laws can navigate the complexities of rear-end accidents, including liability, insurance, and regulatory matters.

  • Investigative Skills: Choose an attorney who has strong investigative skills to gather evidence, reconstruct the accident, and identify liable parties. 

  • Negotiation Skills: A skilled attorney can negotiate with insurance companies and at-fault parties to secure fair compensation.

  • Personalized Attention and Clear Communication: Choose an attorney who takes a personalized approach to your case and is communicative with you. Every situation is unique, and an attorney who listens, responds, informs, and tailors their strategy to your needs can make a significant difference.

A skilled attorney can guide you through the complexities of a rear-end accident case, protect your rights, and help you obtain the compensation you deserve. Take the time to research and select an attorney who aligns with your needs and goals.

GET A FREE ATTORNEY
CASE EVALUATION

Skip to content