The most common type of car accident to occur in Nevada is the rear end collision, where one vehicle hits the rear end of another. It generally assumed that the driver who hits another car is at fault, though some exceptions do apply. If the vehicle in front comes to a sudden and unexpected stop, then the front driver may be at least comparatively at fault for the accident.
Common Causes of Rear End Collisions
There are a range of things that can cause rear end collisions, with the most common being:
- Following too closely
- Distracted driving
- Poor road conditions or visibility
- Trying to get through a light
- Accelerating too quickly from a stop
- Foot sliding off brake
- Inattentiveness
- Sudden stops
Whenever a smaller vehicle is rear ended by a larger vehicle, like a truck, van, bus, or SUV, the injuries and damages can be much more significant and disabling. This is especially true if the larger vehicle impacted the smaller vehicle above the bumper. If you are facing injuries, lost wages, property damage, medical expenses, and more from a rear end collision caused by another driver, you are entitled to recover your damages. Hiring an attorney will simplify the process of filing a claim and greatly improve your likelihood of reaching a fair settlement.
Injuries Caused by Rear End Collisions
The most common types of injury caused by rear end collisions are soft tissue injuries, like whiplash and closed head injuries. These are very serious injuries that can lead to disability, but they are not easy to see in a photograph or an x-ray. The insurance companies will often fight claims for soft tissue injuries because of this, and if the vehicle isn’t badly damaged, they will put these two factors together to conclude that the injury did not occur or is not as severe as it really is. A car doesn’t have to be crushed for an impact to cause significant damage in the body.
More Serious Injuries
There are many other injuries that can be caused by a rear end collision, including:
- Head injury/Traumatic brain injury
- Knee injury
- Fractured wrists
- More Traumatic Injuries to Bikers and Pedestrians
- Fatal injuries
A Nevada car accident attorney can represent the victims and the families of victims of rear end collisions in litigation for personal injuries and wrongful death. Choosing an attorney to represent you is the best way to ensure that your case is thoroughly prepared for trial in case you are unable to settle. This means that you need someone to investigate the accident, analyze liability, and obtain medical records and expert medical consultation so that you get the compensation you deserve.
Rear End Collision Effects
In most situations, the rebuttal presumption is that the rear driver is the cause of any rear end collision as an appropriate distance, speed, and response to traffic should have allowed the rear driver to avoid colliding with the front driver’s vehicle. Having said that, if the defendant’s lawyer can provide evidence that the accident did not occur through the negligence of the rear driver, then this presumption may be rebutted. There are three recognized pattern that can be used, including testimony of mechanical failure, sudden unexpected lane change or stop by front driver, or illegal and unexpected stops.
This rule means that the rear driver has the burden of providing proof that shows that he or she should not be subject to the rear driver’s presumption of negligence. If the defendant is able to do this, then the case will be taken to trial in front of a jury who will determine whether the rear driver was at fault.
The days that follow your rear end collision are the most important when it comes to investigating who was at fault for the accident. Your best solution is to hire an attorney right away.
Vehicle Damage
In some cases each vehicle in a rear end collision will be damaged about equally, generally if they are close to the same size. In other situations, one vehicle is much larger than the other, and the smaller vehicle will experience the most damage. The front driver and passengers are typically more likely to experience more significant injuries because they don’t have a chance to see it coming, are impacted suddenly, and don’t have the benefit of a split second to brace or prepare, as the rear vehicle’s drivers and passengers do. According to accident reconstructionists, for two vehicles of similar size to experience a rear end collision is equal to hitting a brick wall at half of the speed. If a rear end collision happens at 60 miles per hour, then this is the equivalent of the same vehicle crashing into a brick wall at 30 miles per hour. Naturally, this causes significant damages and injuries.
Injuries to the Body
The bumpers on cars are built for absorbing shock and offering some protection from the force of
impact. Even so, may personal injuries occur during even the most minor of rear end collisions. For example, soft tissue damage to the lumbar spine or cervical spine (whiplash), spinal cord injuries, facial injuries, and head injuries can all result from this type of accident.
Compensation
In almost all rear end collisions, the rear driver is at fault. If you have recently been in a rear end collision accident, you should hire an attorney to get the maximum amount of compensation for the value of your case. The biggest mistake that people make after a rear end collision is settling early without knowing the true extent of their injuries and damages. Be sure to get a full medical evaluation right away and follow up on any symptoms that you experience.
Insurance Claims Adjusters
The goal of the insurance claims adjuster is to contact you right away and get you to settle early for a lesser amount than what your claim is truly worth. They will try to make convincing arguments to convince you that their first offer is all that your claim is worth, that the lack of vehicle damage indicates a lack of bodily injury damage, etc. Your injuries may be difficult to prove, so even clear evidence of who is the at fault driver may not be enough to win your case. Don’t give any statement to the insurance company until after you’ve spoken with an attorney.
Conclusion
If you are involved in an accident with an underinsured driver or in an accident where the other driver was intoxicated or a hit and run accident, then you may find it necessary to file a claim against your own insurance company for underinsured and uninsured motorist coverage.
The most common causes of rear end collisions are distracted drivers. See a car accident attorney to discuss the details of your case and how you can maximize the value of your claim.