Car accidents sound normal to the ears, but the statistics of their occurrence are pretty scary. In the United States, an average car accident occurrence rate is merely every 3 seconds, followed by an injury rate of every 7 seconds. This statistic isn’t only worrying but emphasizes the importance of awareness every victim should have about their rights and responsibilities. Accounting for about one-third of car accidents is a rear-end collision. What legally describes this collision case and how a rear end car accident claim can be pursued, the article is a complete guide to assisting victims with the same.
What Qualifies as a Case of Rear End Car Accident Claim?
As the word suggests, a rear-end collision occurs when a car hits the other on its rear end. While several reasons can contribute to these collisions, an analysis by the National Transportation Safety Board reports 87% of collisions are due to distracted driving. Other factors rear-end collision damage include mechanical malfunctions, speeding, traffic congestion, or a driver’s negligence such as fatigue, alcohol or drug influence, or simple reckless driving habits.
While the first impression analysis for such cases is to put the rear-end vehicle at fault, there still needs to be satisfactory evidence to justify the innocence of the front-end driver. The front car needs to prove that the vehicle had functional brake lights before the collision and the driver wasn’t under the influence of alcohol or drugs. The driver also needs to prove that they didn’t pull out any reckless reverse to hit the rear car. The civil court also looks into the possibility of a fabricated/ fraudulent case for an insurance claim. It is here that legal assistance becomes essential for a victim.
How Severe Can the Damage Caused Be?
A rear end car accident claim documents the severity of the damage, in both cases, of vehicle damage and human injury. As far as the vehicle is concerned, it could face alignment and suspension issues. Sometimes an impact can also cause trunk damage or electrical faults. Besides, when filing a lawsuit for a rear-end car accident claim, ensure that all repair expenses are noted, since, if the impact is huge, immense financial expenditure can be expected. While an approximate figure can’t be suggested without individual case analysis, usually frame and suspension damage is the most expensive repair work.
Apart from object damage issues, what becomes more critical is a personal injury. The impact can cause damage that varies from bone fractures to the more grave injuries called whiplash. Whiplash is described as a neck injury due to the forceful and sudden impact experienced by the neck. It can cause several consequential sufferings like arm pain, neck and shoulder spasms, fatigue, memory issues, numbness, dizziness, or even loss of functioning in the lower limbs. This is often a result of high-speed injuries.
The Entitlement to Compensation
It’s the legal and moral duty of every driver to ensure that they drive safely. As such, any case of negligence causing damage to others is subject to compensation. The lawsuit is valid for both economic and non-economic sufferings. Usually, the case of property damage is claimed from the insurance company of the driver at fault. The lawsuit becomes much more complicated when serious injury or death is involved. Eventually, the issue is presented before a civil court. As soon as the faulty driver is determined, a settlement is awarded in favor of the victim. So, if anyone wishes to pursue a rear end car accident claim, they should immediately look for a personal injury attorney or an auto accident attorney.
