A rear-end accident is when one vehicle hits the back of another. Most commonly, rear-end collisions are caused by driver inattention, speeding, tailgating, or driving while under the influence of alcohol or drugs.
The severity of a rear-end collision depends on many factors, including the speed of the colliding vehicle and whether the affected vehicle was stationary or moving. Some rear-end car accidents can lead to severe injuries, leaving victims in significant pain and with expensive medical bills.
Rear-end crashes are typically considered the rear driver’s fault, making compensation recovery available through their insurance provider. The average payout for an auto accident case varies, depending on factors such as the severity of the injuries and the value of lost income.
Common Injuries in Rear-End Collisions
A rear-end collision can lead to a wide range of injuries, with some of the most common including the following:
- Whiplash
- Soft tissue injury
- Fractured or broken bones
- Spinal cord injury
- Psychological injury (PTSD)
- Traumatic brain injury
- Facial trauma
- Back or neck injury
Some victims of rear-end car accidents may need ongoing medical treatment to deal with potentially life-changing injuries.
Determining Fault in Rear-End Collisions
In most rear-end accidents, the rear driver is at fault. The reason is that most state laws require drivers to maintain a safe distance between their vehicles and those in front of them. Even in cases where the front driver comes to a sudden stop, it’s expected that the rear driver maintains a safe distance that allows them to come to a complete stop when needed.
However, in some cases, the front driver could be to blame when a rear-end collision occurs. A front driver may be partially or wholly at fault if intoxicated, speeding, failing to signal a turn, or having a broken or defective tail light.
The front driver being partially at fault is only relevant in states with comparative negligence laws. Some states claim that multiple drivers can be liable when an accident occurs. In an auto accident case with comparative negligence, the injured driver’s average payout may be reduced by the percentage in which they’re liable.
Factors Affecting Rear-End Collision Settlements
How much an injured victim receives in a rear-end accident claim depends on many factors, including the following.
Severity of Injuries and Medical Bills
The severity of injuries suffered is one of the most significant contributions to a rear-end collision settlement amount. Rear-end accident victims who suffer serious injuries will typically receive a higher payout than those with minor injuries.
Minor accidents may lead to minimal back or neck injuries, which improve with minor treatment. Those with significant injuries are more likely to have various doctor visits, physical therapy needs, and the potential for permanent disability. Fair compensation depends on the injuries and their overall impact on the victims.
The expected impact of the injury on the victim’s future will also affect the average settlement amount. Future costs may also be included in the average payout for a rear-end accident case.
Property Damage
Most rear-end collisions also lead to expensive property damages, ranging from a few hundred dollars to thousands. The value of these damages, including the vehicle or other personal items, is also factored into a rear-end accident settlement amount.
A personal injury case involving a more expensive, harder-to-replace vehicle may result in a higher settlement amount than one involving a more affordable vehicle. Many insurance companies place limits on such accidents, which could further impact the amount of compensation available for property damages.
Lost Wages and Earning Capacity
A rear-end car accident can also lead to injuries that limit work capabilities and future earning and benefits potential. The total rear-end accident settlement amount should include lost wages and work benefits. Calculating lost wages or earning capacity in a car accident can be difficult but usually involves an average plus expected raises or bonuses.
Pain and Suffering
Rear-end accidents can also lead to significant pain and suffering. While emotional distress in a car crash can be more challenging to calculate, it’s just as important as lost wages or medical expenses. These non-economic damages may cover psychological treatment or counseling and medication.
The impact of stress, anxiety, or post-traumatic stress disorder (PTSD) should also be considered in a rear-end collision case. Drivers may fear driving after being rear-ended, resulting in a change to their day-to-day lives. An experienced car accident attorney can help victims place a value on their pain and suffering.
Insurance Coverage Limits
Many car accident victims seek compensation from their or the at-fault party’s insurance company following a rear-end collision. Compensation may be limited according to policy limits through an insurance claim. A rear-end car accident with severe injuries can easily exceed policy limits, affecting the maximum potential payout.
Additionally, if the driver responsible denies liability, the insurance company may be hesitant to pay. Those injured in a car accident case should make it a priority to file a police report.
A copy of the police report can help determine liability, especially in car accidents involving multiple parties. Additionally, notifying the police of any suspected wrongdoing can help your case. Mention suspicions of distracted driving, alcohol use, or speeding.
Drivers or passengers injured after being rear-ended may also find recovering compensation difficult if the responsible driver wasn’t insured or failed to carry sufficient insurance. Uninsured or underinsured motorist coverage will sometimes cover these costs, but not all insurance policies include them.
Other options may be available for those involved in a car accident with an uninsured or underinsured driver. For example, a third-party liability lawsuit can help injured drivers and passengers recover the necessary funds.
The Settlement Process for Rear-End Collisions
The settlement process for a rear-end accident varies, depending on the details of your case. However, here are a few steps you can usually expect after being rear-ended.
Filing an Insurance Claim
Following a rear-end accident, one of the first things injured drivers or passengers should do is file a claim with the responsible driver’s insurance company. However, in no-fault auto insurance states, each injured victim will file a claim with their own insurance company regardless of fault.
When filing a claim, do so as soon as possible. Many insurance providers have time limits on how long victims can file a claim. Notify the provider of the accident’s date, what damages were experienced, and how they can reach you. Avoid admitting partial or complete blame, and consider talking with a lawyer first.
Negotiating with the Insurance Company
The insurance company doesn’t always follow its policy. It’s not uncommon for the insurance provider to attempt to minimize the injuries suffered or place blame on the injured driver.
Negotiations with the insurance company are often necessary to ensure you receive compensation for medical expenses and low wages. A car accident lawyer can help injured victims prove damages, counter lowball offers, and receive the policy benefits entitled to them.
Accepting or Rejecting a Settlement Offer
Rear-end settlements are common among insurance providers, and injured victims can accept or reject any offers. Accepting a settlement offer typically means you won’t be eligible to seek additional compensation, even if your injuries worsen. Rejecting a settlement offer could mean not receiving another one from the insurance provider.
Regarding a rear-end accident settlement, it’s important to have a value in mind that appropriately covers your damages. Work with a personal injury lawyer to determine the value of your case so you can better handle negotiations. Include all current and future medical needs, property damages, vehicle repairs, physical therapy needs, or non-economic costs.
Review a few settlement examples to get an idea of average payouts. Keep in mind that other factors may also affect your settlement offer options, including evidence available, actual damages, and the number of parties involved in the collision.
Litigation as a Last Resort
While compensation should be available through the insurance provider, this isn’t always the case. Injured victims who don’t receive a fair settlement offer from the insurance provider may have other legal options available for compensation, including a third-party personal injury lawsuit.
If you were injured by a speeding or distracted driver in a rear-end accident and you want to explore other options, consider reaching out to Rosenfeld Injury Lawyers. Our legal team works on a contingency fee basis, meaning you won’t pay us anything unless we successfully recover compensation on your behalf.
Why You Need a Personal Injury Lawyer
Personal injury cases require proof of legal duty, negligence, causation, and damages. A personal injury attorney offers many benefits to a rear-end accident claim, including the following.
Evaluating Your Case
Personal injury attorneys will evaluate the strengths and weaknesses of your case to help determine its value. This information is useful when negotiating or considering any rear-end accident settlements you might receive. Evaluating your case also provides the foundation for developing a legal strategy to maximize compensation.
Negotiating With The Insurance
An experienced legal team negotiating on your behalf can help maximize the compensation you receive from the insurance provider. Skilled attorneys possess the state and policy knowledge needed to negotiate effectively, help protect your rights, and guide you through the legal process, potentially securing a better settlement offer.
Representation in Court
Sometimes, the insurance provider isn’t willing to offer a fair settlement. In this case, a personal injury law firm will represent you in court, proving liability and injuries sustained. Rosenfeld Injury Lawyers is committed to helping those injured in a rear-end collision navigate the legal system.
Secure Expert Legal Representation
Expensive property damage and medical bills are common following a rear-end accident. While many victims expect the insurance company to cover the full extent of their damages, this isn’t always the case.
Financial recovery following a rear-end collision is important to ensure access to medical and rehabilitative resources. Rosenfeld Injury Lawyers offers car accident victims a free consultation to explore their legal options. We’re committed to helping car accident victims recover maximum compensation to guide their recovery.
Contact us today at (888) 424-5757 or fill out our contact form.