What to Do if a Car Hits You From Behind?

What to Do if a Car Hits You From Behind?

Rear-end car accidents can happen to anyone, often resulting in injuries and property damage. Even if these collisions have a lower fatality rate than other types of car accidents, they are still dangerous for both drivers.

Rear-end car accidents are anything but minor, and the driver of the front car and the passengers are particularly susceptible to severe and lasting injuries.

You may not even know that you have suffered life-changing injuries until days later. However, it is best to be as vigilant as possible to have your medical condition diagnosed and treated.

It may appear that rear-end car accidents at lower speeds are the least severe type of crash, but these collisions have a high injury rate. Roughly half of drivers and passengers who get struck from behind by another vehicle will suffer some type of injury, which can range from minor to very serious.

Some car accident victims may never be the same again, even after they get extensive medical treatment and try to rehabilitate from their injuries.

You may have the right to significant financial compensation if you have suffered an injury in a rear-end car crash. Your settlement may exceed your expectations, but you will only know if you contact an experienced Sebastian car accident lawyer to handle your claim.

Insurance companies may lead you to believe you deserve less money, and it will be up to your car accident lawyer to go to bat for you. It does not cost you any money upfront to speak to a Vero Beach car accident attorney and get legal help from them.

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Common Rear-End Car Accident Injuries

Whiplash is the most common injury that you can suffer in a rear-end car accident. This injury occurs when the head and neck snap forward when the rest of the body remains still. Whiplash can be a severe injury, and it can take on several forms.

Even though these injuries may seem routine, they can cause many complications now and in the future. Some whiplash injury victims may recover within a shorter period; however, others can deal with symptoms for a long time. Roughly one in every ten people who suffer whiplash injuries will never fully recover from their injuries.

Neck and back injuries are the most common effects of whiplash.

These injuries can vary in severity and can include:

You may not expect to sustain a brain injury when there has been no impact on your head, but it is a common outcome in rear-end car accidents. Your brain may slam into the base of the skull when your head snaps forward, causing injuries that can range from a concussion to something worse that can be permanent.

Causes of Rear-End Car Accidents

The number of rear-end car accidents has been increasing throughout the United States in the past two decades, and the main culprit is the invention of the smartphone.

Drivers looking down at their phones because they are texting or using social media do not notice a car in front of them. Even if they see the vehicle, it may be too late to prevent a serious car accident.

Two cars in a rear-end collision on the street with pedestrians nearby, inspecting damage.

Other causes of rear-end car accidents include:

  • Adverse weather conditions
  • Excessive and aggressive tailgating
  • Lack of maintenance to brakes
  • Reckless driving, including going too far over the speed limit

You may not even need to prove the cause of the accident because there are rules of liability that apply to rear-end car accidents. Sometimes, a driver may make a mistake by misjudging the distance they have to stop, even when they are otherwise following the law and paying attention to the road.

Liability for a Rear-End Car Accident

It is not automatic that you will have the right to financial compensation after you have suffered an injury in a rear-end car accident. To win your car accident case, you must prove that the other driver did something unreasonable under the circumstances.

This legal principle is known as negligence, and in a rear-end car accident, the rear-car driver who struck you from behind is usually at fault for the accident.

A reasonable driver stops in time to avoid an accident, or they do not travel too closely behind the car in front of them.

You may still need to defend yourself from allegations made by the insurance company, even when another vehicle hits you from behind. While there is a presumption that the driver of the trailing car is liable, it is not ironclad.

Insurance companies may want to try to find some way to reduce the amount of money they owe you and try to blame you for the crash. They may argue that you were partially at fault for the accident through actions that you took, such as allegations that you stopped short or cut off the driver behind you.

Since you have the burden of proof to demonstrate your case as the claimant, you will need to fight back when the insurance company wrongfully blames you.

What Actions Should You Take After a Rear-End Car Accident?

The first action you should take after a rear-end collision is to seek medical assistance. Due to the nature of rear-end car accident injuries, you may not have gotten treatment at the scene of the accident.

If you did, follow up with your medical appointments and any rehabilitation course a doctor prescribes. It is best not to take the attitude that you are ok and that getting medical help is a sign of weakness. Your examination results will determine how much financial compensation you may receive for your injuries.

You will likely begin feeling symptoms in the days after the accident because whiplash injury symptoms often materialize shortly after the crash.

Sometimes, however, it can be weeks before you feel pain or notice any discomfort.

The amount of time that passes between the accident and your medical treatment can lead insurance companies to complicate your claim by:

  • Arguing that your medical condition resulted from another injury and not from your car accident
  • Claiming that your neck or back injury was a pre-existing condition
  • Attempting to reduce the size of your settlement by stating that you failed to take steps to mitigate your own damages

If your doctor tells you to do something, you should follow their directions, whether this includes seeing another doctor or taking prescription medications. If not, you can also face allegations that you failed to mitigate damages.

Contact a Car Accident Lawyer

Refrain from thinking that a rear-end car accident is routine and that your insurance claim will be easy. Just because you believe that liability for the accident is as clear as day does not mean that your claim will go your way from the start. Even if the insurance company readily concedes liability, this does not mean that it will pay you everything it owes you immediately.

Before you file a car accident claim, you must know how much you seek from the insurance company because your rear-end accident claim can be worth far more than you think.

Even if you have suffered a neck injury that eventually heals, you may still have the right to a significant amount of money. For example, you may drastically underestimate how much your pain and suffering are worth in a car accident, and you may not even know of the concept at all in the first place.

Insurance companies are happy to take advantage of you if you try to deal with them yourself. Your car accident lawyer knows how much your case is worth before you file it to put you in a position to fight.

Your car accident attorney can assess the actual value of your claim and help you pursue the maximum compensation you deserve. They will consider various factors such as medical expenses, lost income, property damage, pain and suffering, and future rehabilitation needs.

With their experience, they can guide you through the legal process and fight for your rights to secure fair and just compensation.

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How Insurance Companies Try to Make Your Life Harder

Insurance companies may do one of two things when they receive your rear-end car accident claim:

  • They are more likely to make you an early settlement offer, pressure you to accept it, and waive your legal rights if you do not have a car accident attorney representing you. 
  • They can drag out the legal process for as long as possible to frustrate you and make you more compliant. Insurance companies will take their time making you an initial settlement offer and wait to raise their offer incrementally over time.

Regardless of what tactics insurance companies use, they will cost you money. The only way to counter these tactics is to hire a car accident lawyer to defend your rights.

Contact a Car Accident Attorney Immediately if You Have Not Yet Done So

Now is the time to call a car accident lawyer if you still need to get one representing you. You may be vulnerable to how insurance companies like to do business. They want to trick and trap, especially when you do not suspect it or are recovering from injuries.

A car accident attorney’s job is to protect your rights by communicating with insurance companies on your behalf and putting legal pressure on them to raise their settlement offers. There is no upside in delaying this phone call. Any moment you do not have a car accident lawyer, you can make a mistake that costs you the money you need in the future.

Common mistakes that you can make when you do not have a car accident lawyer include:

  • Speaking publicly about your accident or trusting the wrong person with information
  • Talking to the other driver’s insurance company or giving them a statement
  • Giving too much information to your own insurance company, who may be a potential adversary in the future
  • Accepting an early settlement offer that is only pennies on the dollar when you may have received much more for your injuries

Your car accident lawyer is here to establish and safeguard your legal right to compensation. Suppose the insurance company offers you less than you are due (which it always will). In that case, your attorney will advise you to reject the settlement offer and continue negotiating or file a lawsuit against the driver in court.

Although most rear-end car accident cases will end in a settlement agreement, it is not always a guaranteed outcome. Before you reach that point, a car accident lawyer must negotiate and advocate for you to get everything you deserve.

How Much Does a Car Accident Lawyer Cost Me?

Close-up of justice scale on desk with lawyer, gavel, documents, and red toy car.

Before hiring a car accident lawyer, you must understand how they get paid for their services. Some people may hesitate to seek legal representation due to financial concerns. However, it is essential to know that hiring a rear-end accident lawyer costs you nothing out of pocket.

Most rear-end accident lawyers work on a contingency fee basis, meaning they only get paid if they win your case and recover compensation on your behalf. You will not owe them anything if you do not receive any money. This arrangement ensures you can access high-quality legal representation without worrying about upfront costs.

Hire An Experienced Car Accident Attorney Today

Hiring a rear-end accident lawyer can level the playing field against insurance companies and their legal teams. These professionals have the knowledge and experience to negotiate with insurance companies and fight for the maximum compensation you deserve. They will handle all aspects of your case, including gathering evidence, filing paperwork, and advocating for your rights.

It is important to note that hiring a rear-end accident lawyer can significantly increase your chances of obtaining a favorable outcome. They can assess your claim's actual value, ensuring the insurance company does not shortchange you. Additionally, with a lawyer by your side, you can focus on your recovery while they handle the legal complexities of your case.

Remember, you do not have to face the aftermath of a rear-end accident alone. An attorney can provide the experience and support you need to navigate the legal process and fight for your deserved compensation. Contact a knowledgeable Sebastian personal injury attorney today to protect your legal rights.

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