A rear-end collision in San Diego is an event that can be life changing in several ways. A rear-end collision is a type of car accident that occurs when one vehicle crashes into the back of another car that is either stopped or moving slowly.
If you have been involved in a rear-end collision, it’s critical that you reach out for help from an experienced rear-end collision attorney in San Diego who can help you to navigate the ins and outs of your case.
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Statistics on Rear End Collisions
You may be surprised to learn that approximately 29% of all car crashes are the result of rear-end collisions. Although these collisions do not always result in a fatality, they can come with substantial damages to the individuals that were involved. It’s estimated that approximately 85% of all rear-end collisions are the result of driver error while the remaining are due to car malfunction.
Common Causes of Rear-End Accidents in San Diego
While it’s true that this type of accident can happen for a variety of reasons, the most common reason is that this type of collision often happens when a driver is distracted, following too closely, or not paying attention to the road ahead. In our experience as car accident attorneys in San Diego, these are some of the common causes of rear-end accidents:
- Distracted driving: When a driver is not paying attention to the road, they may not notice when the vehicle in front of them has stopped or slowed down. Often, distracted driving is something that may be caused due to cell phone use.
- Following too closely: If a driver is following another vehicle too closely, they may not have enough time to stop if that vehicle suddenly stops or slows down.
- Speeding: When a driver is speeding they may not be able to stop in time to avoid hitting the vehicle in front of them which can result in a severe rear-end collision.
- Poor visibility: Driving in bad weather is something that can be dangerous in and of itself. Poor weather conditions or low-light situations can make it harder for drivers to see the road ahead, which can increase the risk of a rear-end collision.
- Mechanical failure: Sometimes a rear-end accident caused by the malfunctioning of the vehicle, such as brake failure, can cause the accident. Keep in mind that if it’s found that you were aware of a potential mechanical failure prior to your accident and did not address it, this could greatly impact the value of your claim.
- Impaired driving: Alcohol or drug use can affect a driver’s reaction time and judgment, making it more likely that they will be involved in a rear-end accident.
What You Should Do If You Have Been in a Rear-End Collision in San Diego
Our San Diego rear-end collision attorneys understand that being in this type of accident is something that can be incredibly traumatic. If you have been in a rear-end collision, it is important to take the following steps:
- Check for injuries: Your health and safety are paramount. Therefore, make sure that you and your passengers are not injured and seek medical attention if necessary.
- Call the police: Contact the local authorities and request that a police officer come to the scene of the accident. This is important to document the accident and determine who is at fault. Keep in mind that you should always request a copy of the police report following the accident.
- Exchange information: Get the contact and insurance information from the other driver(s) involved in the rear-end collision.
- Take photos: Take pictures of the damage to both vehicles, the license plates, and the scene of the accident. This will help with the insurance claims process. A good rule of thumb is to backup your pictures to a cloud so that nothing happens to them in the event that something happens to your phone.
- Report the accident to your insurance company: Contact your insurance company as soon as possible to report the accident. Be sure to provide them with all the necessary information, including the other driver’s contact and insurance information as well as the answers to any other questions that they may have for you.
- Keep a record: Keep a record of any expenses related to the accident, such as medical bills or rental car fees, in case you need to file a claim. Although you may have out-of-pocket expenses during the duration of your claim, you can file for them to be reimbursed.
- Seek legal advice from a rear-end collision attorney: If you’re unsure about your rights or if you believe you’re not at fault, consider seeking legal advice from an attorney experienced in car accident cases.
Examples of Typical Injuries from Rear-End Accidents in San Diego
Rear-end collisions can result in a variety of injuries, some of which could be life changing. It’s important to remember that some injuries may develop after the time of your initial accident which is why it’s important that you see a doctor immediately following your accident. Some of the most common types of injuries from a rear end collision include:
- Whiplash: This is a common injury that occurs when the head and neck are jerked forward and backward quickly, causing damage to the soft tissues in the neck.
- Back injuries: Rear-end collisions can cause damage to the muscles, tendons, and ligaments in the back, resulting in pain and discomfort.
- Head injuries: If a driver or passenger is not wearing a seatbelt, they may hit their head on the dashboard or windshield, resulting in a concussion or other head injury.
- Knee injuries: The impact of a rear-end collision can cause knee injuries, such as ligament or meniscus tears.
- Psychological trauma: An accident can be a traumatic experience which results in causing emotional distress, anxiety, depression, and PTSD.
- Fractures: Collisions of any type can cause bone fractures, such as broken ribs, collarbones, or vertebrae.
Understanding Liability for Rear End Collisions
In most cases, the driver of the rear vehicle is considered to be at fault in a rear-end collision. This is because the driver of the rear vehicle is responsible for maintaining a safe following distance and being able to stop in time to avoid hitting the vehicle in front.
However, there are some circumstances where the driver of the front vehicle may also be at fault, for example:
- The front driver suddenly stopped without any indication.
- The front driver made an illegal turn or failed to signal a turn.
- The front driver’s brake lights were not working properly.
- The front driver’s vehicle was in a state of disrepair, such as faulty brakes.
It’s important to note that liability can be shared between the drivers in some cases. This is known as comparative negligence. The degree of fault will be determined by the investigating officer, the insurance company or a court of law, depending on the jurisdiction you’re in.
Ultimately, the liability for a rear-end collision will depend on the specific facts of the case and will be determined by the investigating officer and insurance companies based on the evidence available.
The Importance of Speaking with a Rear End Collision Attorney in San Diego After a Rear-End Collision
Although you may feel shaken and overwhelmed as a result of your accident, speaking with a rear end collision attorney in San Diego after a rear-end collision can be important for several reasons:
- Understanding your rights: An attorney can help you understand your rights and the legal process involved in pursuing a claim or lawsuit.
- Determining liability: An attorney can investigate the accident and gather evidence to determine who is liable for the collision.
- Negotiating with insurance companies: An attorney can help you navigate the process of dealing with insurance companies and can negotiate with them on your behalf to ensure that you receive a fair settlement.
- Representation in court: If your case goes to court, an attorney can represent you and present your case in the most favorable light possible.
- Evaluation of injuries: An attorney can help you in evaluating the extent of your injuries, and the cost of treatment, lost wages and future prognosis.
- Help in handling paperwork: An attorney can help you in completing and submitting the necessary paperwork, including accident reports, medical records, and insurance claims.
Having an attorney can also help to reduce the stress of the situation and allow you to focus on your recovery.
Settlements and Compensation Following a Rear End Collision
Compensation is something that is in the forefront of the mind of many people who are injured in a rear end collision. When you work with a San Diego rear end collision attorney, he or she will be able to guide you through the information that you need regarding your options for settlement and compensation. Settlements and compensation following a rear-end collision can include various types of damages, such as:
- Medical expenses: This includes compensation for medical expenses, including hospital stays, doctor visits, physical therapy, and medication.
- Lost wages: Reimbursement for any wages lost due to time off work for recovery.
- Pain and suffering: Compensation for physical and emotional pain and suffering caused by the accident.
- Property damage: Reimbursement for any damage to your vehicle or personal property.
- Loss of consortium: Compensation for the loss of companionship and support for the victim’s family in case of a wrongful death.
The amount of compensation will depend on the specific facts of the case, including the severity of the injuries, the cost of medical treatment, and the length of recovery time. Insurance companies will use the evidence gathered by our rear end collision attorneys to evaluate the claim and make an offer.
It’s important to note that settlements are not always reached and in some cases the case may go to trial. In those cases, a jury will determine the amount of damages to be awarded. Don’t worry, though. HHJ Trial Attorneys have an abundance of experience appearing in trial and will fight vigorously for you.
Schedule Your Appointment with Our Rear End Collision Attorneys in San Diego Today!
If you have been injured in a rear end collision, our San Diego rear end collision attorneys in San Diego are here to provide you with the guidance and insight you need to receive the compensation that you need. We offer a free consultation so that we can review the facts of your case and provide you with the solutions that will benefit you. Get in touch with us today at 619-INJURED!