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Rear End Accident


Rear End AccidentEach year, rear-end collisions account for nearly 2 million of all reported automobile accidents in the U.S., according to the Washington Post. This type of accident results in hundreds of thousands of deaths and injuries annually. The typical rear end accident results from distracted driving and is thus avoidable. If you are the victim of a rear-end accident, seek the advice of an auto accident attorney to get the compensation you deserve.

What Constitutes a Rear End Collision?

Simply put, when a vehicle hits your car from behind, that constitutes a rear end accident. In general, it is the responsibility of the driver behind you to be aware when you slow down or stop, and brake accordingly. When this does not occur, either due to driver inattention or a decision not to slow down, the blame for the collision almost always lies with the driver behind you.

What Determines Fault?

Police and insurance inspectors are very likely to place most of the blame, if not all of it, on the driver in the back. Perhaps the motorist was following you too closely or failed to see you had stopped until it was too late. A tailgating driver who does not leave a safe distance between your cars to allow for sudden stops is willfully making a decision that often leads to a rear end collision.

However, you may also be partially at fault if your brake lights are not functioning when the accident takes place. If you stop suddenly to turn without signaling and then do not follow through, you could be held partially at fault for a rear end accident. California traffic law allows for comparative liability, so if you were 20 percent responsible for the collision, you would qualify for only 80 percent of any damages.

What Kinds of Damages Result from Being Rear-Ended?

Even in a minor rear end collision, you or your passengers could suffer physical and psychological injuries, such as:

  • Whiplash
  • Spinal damage
  • Head injuries caused by inflating air bags
  • Traumatic brain injury
  • Burns
  • Fear of getting back behind the wheel
  • Chronic pain/suffering

Who Pays for Damages in a Rear End Incident?

The responsible driver should pay for any damage that results from hitting your automobile from behind. If they are insured against collisions, you may receive a check from the insurance underwriter.

Before accepting any such settlement, however, you should consult with a personal liability attorney to determine fair compensation. Your employer may not pay you for time away from work due to your injury. You may incur additional medical expenses in years to come for conditions caused by your accident.

In many cases, it is ultimately a judge who decides who will pay for your damages and how much, but you need to be accurate in determining current and future expenses, so you do not come up short. You need an experienced auto accident attorney in your corner to prevent crippling financial losses that affect your family’s future.

How Can Rizio Lipinsky Heiting Firm Help?

Dealing with an insurance adjuster, especially one who wants to assign you partial blame, is a complicated process. You need a car accident lawyer to help determine what is fair regarding liability and compensation and then fight for you in court. At Rizio Lipinsky Heiting, we are experienced in working with at-fault parties in Southern California and their insurance companies to ensure you get the full damage award you are due. Call Rizio Lipinsky Heiting today at 888-292-8888, or fill out the short form on our website to schedule a free initial consultation.

  • This article should only be used for informational purposes. It does not constitute legal advice, and it does not create an attorney-client relationship with anyone. If you need legal advice, please consult an attorney in your community.
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A Review of Rizio Lipinsky Heiting
Car Accident Attorney
I'm so happy I found Rizio Lipinsky Heiting, we just settled my case and I'm very happy about it.

I was involved in a very bad car accident 2 years ago and I had a different lawyer at the beginning, but he wasn't able to do much with my case, he was slow and not really invested in it, he didn't even pay my medical bills with the first settlement, so I was having credit problems, a very bad situation!

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My lawyer was very knowledgeable, kind and always ready to listen and help you out in any way he can! I'm so glad I found Rizio Lipinsky Heiting.

- 2017-06-13 - Yelp
Five Star Rating  5/5
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