Injured in a Rear-End Collision? Why You Can Still Recover Even If the Driver Blames Traffic
Rear-end collisions are a common type of vehicle crash and can happen for many reasons. Rush-hour congestion, a sudden slowdown on the freeway, or a line of vehicles approaching a red light can all cause rear-end collisions, leaving drivers in shock and unsure of the steps that follow. In addition, injuries from rear-end collisions can worsen over time if left untreated. Understanding the steps to take after being injured in a rear-end collision can help victims learn about their rights and reduce the risk of future harm.
Why Rear-End Collisions Usually Create Liability
Drivers have a responsibility to maintain a safe distance between themselves and the vehicle in front of them. Expected conditions of the road include:
- Traffic slowing
- Red lights
- Vehicles stopping abruptly
The rear driver must pay attention to changing road conditions, adjust speed for traffic flow, and be able to stop on time to prevent a rear-end collision. When a driver is unable to stop before hitting the car in front, insurers and courts frequently view that as an indicator that the driver was following too closely, distracted, or driving too fast for the conditions.
When Drivers Try to Blame Traffic
When drivers try to blame traffic, it oftentimes will not remove responsibility for their actions. The slowdown of traffic should always be expected, especially near intersections, freeway merges, school zones, and construction areas. In addition, chain-reaction vehicle collisions also showcase that the initiating driver was distracted, speeding, or following too closely before the accident occurred.
Common Causes Behind Rear-End Crashes
Rear-end collisions are usually caused by the behaviors of the driver rather than the surrounding circumstances. Drivers should always practice safe driving habits by following the speed limits and maintaining a reasonable distance between themselves and the vehicle in front of them. Distracted driving, tailgating, speeding, fatigue, and poor vehicle maintenance are factors that heavily impact and cause rear-end collisions:
Distracted driving
The use of cellular devices causes unsafe driving conditions for drivers and those around them. Eating, drinking, or conversing with others in the car can also increase the risks of rear-end collisions.
Tailgating
Drivers who do not maintain a reasonable distance between themselves and the vehicle in front of them may cause a rear-end collision. Understanding that traffic changes and fluctuates will help drivers acknowledge the importance of vehicle distance.
Speed relative to driving conditions
A vehicle driving within the posted speed limits may still be driving too fast for the surrounding traffic or the permitted weather conditions.
Fatigue while driving
Drivers who are experiencing fatigue or are unaware of the conditions around them may not react fast enough to prevent a collision.
Poor vehicle maintenance
Worn brakes or tires can increase stopping distance and contribute to collisions.
Common Injuries Associated with Rear-End Collisions
Rear-end collisions can cause significant medical issues when injuries are untreated or ignored. Individuals suffering from minor injuries should also seek medical attention, as they can worsen over time, causing long-term or chronic health conditions. In addition, symptoms may not appear until days or weeks after the initial crash. It is important to understand the severity of your injuries to determine the best recovery method. Medical issues that can arise from rear-end collisions may include the following:
- Whiplash
- Cervical strains
- Herniated or bulging discs
- Concussions or mild traumatic brain injuries
- Shoulder and back injuries
- Nerve irritation
- Headaches
- Chronic pain
What Evidence Helps Support a Claim
Documentation after a rear-end collision is important as insurance companies often look for records that explain how the initial crash occurred. Evidence that may be helpful includes:
- Photos of the damage caused to the vehicle
- The conditions of the road at the time of the crash
- Witness statements
- Dash-camera footage
- Medical records
- Vehicle repair estimates
Comparative Negligence: What If You Stopped Suddenly?
Comparative negligence allows for both parties to be at fault in a rear-end accident. Liability often depends on whether the lead vehicle acted unpredictably under the presented conditions. Drivers who brake for traffic, pedestrians, signals, or hazards are usually considered reasonable driving behaviors and should be expected on the road.
Dealing With Insurance Adjusters
Individuals who are involved in rear-end vehicle collisions will oftentimes receive calls from insurance adjusters shortly after the accident occurred. Providing basic facts may be helpful; however, it is important to understand your rights and options before making strong claims about the vehicle collision. When this occurs, it is essential to remember the following:
- Early statements can heavily affect the accident claim
- Recorded calls may be used in the future
- Individuals are not required to estimate the severity of their injuries immediately
The Importance of Seeking Legal Guidance
Seeking legal guidance after a rear-end vehicle collision may help victims understand their rights and the steps to take moving forward. An experienced professional can evaluate the facts of the case, preserve necessary evidence, and speak to insurance adjusters, ultimately allowing victims to focus on recovering from their injuries.
How KAASS LAW Can Help
At KAASS LAW, we recognize the challenges victims face when dealing with rear-end vehicle collisions. Our experienced personal injury attorneys may guide clients through the legalities of their case and help them understand their rights moving forward. If you or a loved one has suffered injuries from rear-end collisions, you are not alone. Contact KAASS LAW today to discuss your options.