should i get a lawyer when i have been rear ended

Do I need a lawyer for a rear-end accident?

However, if you got rear-ended, your claim would be filed against the other drivers insurance due to the other driver being the at-fault party. This should not affect your insurance nor would you be liable since you were not found at-fault. This answer will also depend on how many accidents you have been involved in within a 3-5 year period.

What happens if the other driver who rear-ended you?

Feb 08, 2017 · If you or a loved one have been involved in a rear-end collision, you may be eligible for legal recourse. That’s why the first course of action you must take is to discuss your case with a licensed rear ended attorney or seek a free case evaluation to see if you qualify for legal damages. Why You Need An Attorney After A Rear-End Collision

Can a rear end accident be settled out of court?

Jun 12, 2017 · If you were injured, then you should retain an attorney asap. If you were not injured, the only reason to hire an attorney is if you are blamed for the accident somehow. If you were not injured, speak to a representative of your own insurance company to let them know all of the details. That way, they do not pay any claim from the other party.

How can I recover damages after a rear-end accident?

Oct 04, 2018 · Consider Hiring a Car Accident Attorney. Decide if you can handle your own injury claim or if you need to seek legal advice from an experienced attorney in your area. Rear-End Accidents Without Vehicle Damage. If you are rear-ended in a parking lot or in slow-moving traffic, there may be little or no apparent damage to your vehicle. The other vehicle may also …

What to expect after being rear ended?

It can take weeks for the symptoms of an injury from a rear-end collision to appear. Some injuries like broken bones or soft tissue damage are immediately apparent. But brain injuries, concussion symptoms, and herniated discs may not be noticeable at first glance or could grow worse over time.

Should you get checked out after being rear ended?

Seek Medical Attention Even if you have only suffered minor injuries, you should get checked out by a medical professional. Injuries, like whiplash, may not seem bad and may not be noticeable for days after a rear-end car accident. Experienced personal injury attorneys can arrange for treatment on liens.

What is the most common injury related with a rear-end collision?

The Most Common Injuries in a Rear-End Collision. Whiplash is also known as a flexion/extension cervical injury, because it's caused by a sudden extension (backward motion) of the head and neck, followed by a flexion (forward motion).Dec 13, 2021

How long are you sore after being rear-ended?

Most people feel sore for up to six weeks following a car accident, but this is just an average. There is no set formula that can tell you how long your soreness and discomfort will last. The amount of time you feel discomfort will be heavily dependent on the damage you sustained, and your diagnosis from your doctor.Oct 16, 2020

What do I do if I was hit from behind in my car?

More than 550,000 Americans are hurt every year when hit from behind in their car, accounting for one third of all car crashes with injuries. That...

What is a typical settlement payout for a rear end accident?

Rear end collisions are the most common type of accidents we see on the road. They happen often in major cities, where there is frequently stop-and...

I got a settlement offer for my rear end car accident... should I take it?

The first settlement offer you get for a rear end car accident is rarely the best offer the insurance company is willing to make - especially to a...

What's the max compensation I can get for my rear end car accident settlement?

Every auto accident is different and there are many unique factors that go into determining how much your rear end collision settlement will be, si...

When will my rear end car accident settlement check arrive after the agreement is reached?

After reaching a settlement agreement, you might be wondering how long it will take until you receive your compensation. After signing the release...

How do I calculate how much my rear end car accident settlement is going to be?

After being involved in a rear-end collision and sustaining injuries, you might be curious as to how much compensation you will be owed. The best w...

I rear ended someone who slammed on their brakes… is that my fault?

Every rear end collision is different with unique factors making it difficult to determine exactly who might be at fault. Generally, the driver of...

If I was rear ended and pushed into another car, am I considered to be at fault?

When it comes to being involved in a chain reaction collision, it can be difficult to determine who the at-fault party is. In the scenario you beco...

I got rear ended but there was no damage, or any injuries. Should I still talk to an attorney?

Car accidents can leave you frazzled and confused as to what steps to take next. If you and the other party involved are not experiencing any injur...

What does it mean to be rear-ended?

To be involved in a rear-end collision involves another car crashing into the vehicles in front of them from the rear. Oftentimes these types of co...

Could You Be At Fault?

Think about the condition of your car and how you were driving leading up to the rear-end collision.

Your Location Matters

The next thing you need to consider is if you live in a fault or no-fault state.

How Bad Were You Hurt?

Injuries can vary drastically case by case when it comes to rear-end collisions.

Does The Other Driver Have Insurance?

One of the worse things that can happen is getting rear-ended by someone without insurance.

How bad are your injuries if you get rear-ended?

How bad are your injuries? If you got rear-ended, you might only have whiplash – or you might have a broken neck. Liability might be assumed for the driver who hit you, but his attorney is going to argue mitigating circumstances and that your injuries aren't as bad as they seem in an effort to lower damages.

How hard is it to become a lawyer?

Being a lawyer is hard. It takes three years of intense schooling that makes them go gray prematurely and turn to alcoholism at an impressive professional rate. They know where to look for every law and regulation, every rule and code of procedural conduct.

How many no fault states are there?

There are 12 no-fault states, and the idea there is that drivers are required to carry insurance – that way, if they get in an accident, they can just recover damages from their own policies rather than from the other driver and refrain from slowing down the court system with unnecessary lawsuits.

What happens if you reverse a car?

If you are driving a car that has faulty signals or a blown light, the driver behind you will not be held automatically liable. This is also the case if you suddenly reverse or do something else unexpected.

What happens if you stop in traffic?

If you decide to stop in traffic when every natural inclination is to keep going, a judge would likely side with the other driver. If traffic came to a sudden halt and you had to stop, that would be taken into account.

Is there a sliding scale for liability?

The idea here is that even though liability is certain, there is a sliding scale of how much has to be paid out. Insurance adjustors have their own internal calculations for how bad an injury is, and you will have to illustrate exactly how injured you are.

Can you sue someone for a PIP?

Instead those drivers usually rely on a PIP policy – which stands for personal injury protection. In a fault state, everyone can sue anyone. An injured driver can sue the other driver personally or his insurance company, or both! Everyone pays according to each party's degree of fault in the accident.

How to get compensation for rear end collision?

To receive compensation, the first step usually is to file an insurance company claim. It is possible that the claim will need to be litigated in court, but most rear end collisions settle out of court. Going to court is expensive and can take weeks to years to settle depending on the severity and complexity of the case. Filing lawsuits and taking cases to court is usually not necessary in a rear end crash case. Negligence in these accidents is generally clear.

Why is it hard to settle a rear end collision?

An average settlement for a rear-end collision is hard to place an exact number due to the various factors that go in to determining how much compensation should be owed. A settlement is hard to configure due to both palpable and impalpable expenses.

How many people died in rear end collisions in 2019?

Rear end collisions are among the most common types of auto accidents. For instance, in 2019, about 1.7 million rear-end collisions took place in the United States. Of these nearly two million accidents, about 1,700 people died and another 500,000 suffered injuries. Consequently, this makes rear end car accidents a top contributor to all highway accidents, injuries, and fatalities nationwide. However, even though rear end collisions make up around one-third of all accidents in the US, the outcome of each case will be different due to the specific details of the crash. Ultimately, the basis for your rear end collision settlement relies on many factors.

What are the damages of a rear end collision?

Rear end collision damages can vary from minor bumper damage with no injuries to a totaled vehicle with serious personal injuries, such as whiplash, back and neck injuries, head injuries, brain injuries, lacerations and other injuries. There are many factors that determine how much a rear end collision settlement may be worth, such as:

What is the factor that determines fault for rear end collisions?

Another factor to determine fault for rear end collision injuries is identifying any broken laws. For example, if a car makes a left turn at a red light into traffic and is then struck from behind by a car with right of way, the car in the rear may not be completely at fault. The driver in front also may be negligent.

What is the most common injury from a rear end collision?

Whiplash – This is the most common injury from a rear end collision. Whiplash occurs when the head is rapidly jerked forwards and backwards and may result in neck pain and stiffness. You should always consult your doctor after whiplash occurs to determine the severity and necessary treatment.

What does it mean to slam on the brakes?

Brake checking the driver in the rear by slamming on the brakes for no reason. Suddenly reversing. Driving with a flat tire or a mechanical problem. Driving distracted and then slamming on the brakes too late to avoid an object or pedestrian in the road. Failing to repair a broken brake light.

Do I Need An Attorney?

If you or a loved one have been involved in a rear-end collision, you may be eligible for legal recourse.

Why You Need An Attorney After A Rear-End Collision

There are many logistics to consider after an auto accident. Auto insurance claims, police reporting, personal injury, medical bills, and reading up on auto accident statues are just a few of the issues you have to deal with after a rear-end collision.

Can I Handle This Myself?

Hiring a lawyer is especially critical if you or a loved one have been severely injured in a rear-end collision, severely burned from a collision, or experienced either brain or spinal trauma as a result. These are known as “hard injuries”, and these should always be addressed by a licensed attorney.

Do your lights work if you hit someone?

Yes, especially because of the issue with the police report saying your lights did not work. The insurance company for the driver that hit you will use it to blame you for the wreck and that will negatively impact their settlement negotiations.

Should I hire an attorney if I was injured?

If you were injured, then you should retain an attorney asap. If you were not injured, the only reason to hire an attorney is if you are blamed for the accident somehow. If you were not injured, speak to a representative of your own insurance company to let them know all of the details. That way, they do not pay any claim from the other party. You should also document everything and make a claim against the other...

What To Do After a Rear-End Car Accident

Check for Injuries Summon medical help and administer first aid to others who may be injured, if you’re able.

5 Big Mistakes After Getting Rear-Ended

Working Out A Deal With the Other Driver The other driver might offer to pay your damages “ without getting the cops or insurance involved .” That’s a big red flag that the driver has a revoked license or no insurance. Always call 911.

What To Do While Recovering from The Crash

As soon as possible after the accident, write down everything that happened while the details are still fresh in your mind.

Rear-End Accidents Without Vehicle Damage

If you are rear-ended in a parking lot or in slow-moving traffic, there may be little or no apparent damage to your vehicle. The other vehicle may also show little damage, or may have a crumpled hood and smashed front end, depending on the size and weight of your cars.

What is the most common injury from a rear end collision?

This is due to the fact that one of the most common injuries from a rear end collision is so-called "whiplash. ".

What are whiplash injuries called?

Instead, when referring to whiplash-type injuries, attorneys will call them cervical strains and sprains or myofascial injuries instead. Learn more about making an injury claim for whiplash after a car accident and preserving your right to compensation after a car accident. Talk to a Lawyer.

What is whiplash type?

Whiplash-Type Injuries. "Whiplash" is an extremely common neck injury that results from rear-end collisions. When a driver is rear-ended, it can cause the head to whip back in a sudden motion, causing injuries to the neck, shoulders, and upper back.

What is the most common type of car accident?

By Curtis Lee. According to the National Highway Traffic Safety Administration (NHTSA), rear-end collisions are the most common type of car accident, making up around 30 percent of all traffic accidents every year.

Can a sprain be identified?

Unlike a torn muscle, broken bone, or nerve damage, it's not always easy to identify a strain or sprain injury. And even when strains and sprains are evident in medical tests, such as an MRI (magnetic resonance imaging), it's hard to prove the extent of the injury.

Can you get compensation for a rear end car accident?

Getting compensation for vehicle damage after a rear-end car accident is usually uneventful. Since everyone will typically agree on liability, and damage to the vehicle is a fairly objective determination, most insurance companies will quickly pay a rear-end accident victim's vehicle damage claim. Learn more about car accident repair options ...

Is the driver who rear ends another vehicle at fault for the car accident?

Except in a limited number of situations, the driver who rear-ends another vehicle is almost always going to be found negligent, and therefore at fault for the car accident. There are a few rare instances where the lead vehicle bears some level of liability for a rear-end collision, such as:

What to do if you've been rear-ended by another vehicle?

Although your gut reaction after you’ve been rear-ended by another vehicle may be to try to immediately shrug off any collision, damage, or injury you may think you may or may not have sustained and try to proceed with your life, as usual, that would not be a smart move.

When the rear end collision is not your fault, what is the law?

In most states, particularly New York, the standard law is that the rear-ended driver must allow ample space between themselves and the vehicle in front, and therefore not follow too close behind the front driver.

What is a rear end collision?

A rear-end car accident or rear-ended accident or what is commonly known as a rear-end collision case is exactly what it sounds like. The car in front or the driver in front is hit from behind by the rear driver.

Why do you need a police report?

A police report helps establish a rear-end collision fault , and so you should always contact the police to report the accident and have the police make a report, even if at that moment in time you feel that the property damage is small or your bodily injury is minimal.

What are the symptoms of a rear end injury?

These types of injuries involve inflammation of the muscle, herniated disc, most commonly back pain, and neck pain, most commonly known as whiplash.

What happens when police arrive at an accident?

Once the police arrive, they will observe the scene of the accident, interview the front driver, rear driver, any witnesses, and make a determination if any traffic laws were violated. However, the police officer may not always provide a ticket to the rear end driver for a traffic violation.

What are the common injuries that occur in a rear end collision?

Common injuries to a rear-end collision include whiplash, soft tissue injury to the back or neck, bulging disk, disc herniation, and aggravation to any preexisting condition. Oftentimes, rear-ended injuries may not manifest themselves right away. You may be in shock with high levels of adrenaline.

What to do after being rear-ended?

2. Move to Safety. After you’ve been rear-ended, it’s important to prevent any further accidents from occurring. This is especially important if the crash occurs on a highway since other cars will be passing the scene at high speeds.

What to do if you rear end a car?

One of the first things you should do after being rear-ended is to call the local police or sheriff’s office. Even in the case of a minor fender-bender, it’s generally a good idea to call the police to the scene.

How to stop a car when it's parked?

1. Stop and Check for Injuries. First and foremost, stop your vehicle… if it’s not already stopped, that is. A majority of rear-end accidents actually involve a stopped car. If you hit a parked car, or your car is hit while parked, it’s important that you stay where you are and exchange information with the other driver. ...

Why are rear end accidents so common?

Rear-end accidents are all too common and are frequently caused by things like speeding, traffic congestion, distracted or reckless driving, mechanical failure, and driving under the influence of drugs or alcohol.

How long does it take to report an accident to the police?

That said, most providers require that you’ve reported the accident to the police within 24 hours. Once you’ve reported the accident to the local authorities, you should follow your state’s requirements and any timeline stipulated in your insurance policy.

What is the most common type of car accident?

According to the U.S. Department of Transportation, rear-end collisions are the most common type of car accident, making up about 29% of all crashes each year. You can never be completely prepared for a car accident. It’s almost impossible to avoid feeling a little rattled and unsure of what to do after you’ve been rear-ended, ...

Why is it important to follow specific steps after a rear end accident?

That’s why it’s important to follow specific steps after a rear-end accident to ensure you limit your financial and legal risk. Knowing what to do immediately following a car accident ...