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Nothing can be further from the truth. What is the two-second rule you may be asking? "We were in a car accident – we were coming off of the interstate and were waiting – yielding at the exit and a car sped through the exit and smacked us in the rear. If someone rear ends you, who's insurance do you call? When the car they're riding in suddenly accelerates, the force of that acceleration pushes passengers' torsos forward. Other reasons for distracted driving include putting on makeup, ashing a cigarette, changing the radio, loud passengers and children, looking away from the road, and eating.
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The force of impact from a rear-end collision can compress the spine and put pressure on the vertebrae, causing soreness, intense lower back pain, and worse injuries that affect the quality of life. A driver is at risk of whiplash, spinal injuries, and head trauma when they are rear-ended. A spinal cord injury can cause symptoms such as numbness, tingling, or a loss of or changes in sensation in the hands and feet, paralysis, weakness or inability to move any part of the body, pain or pressure in the head, neck, or back, loss of movement, loss of bladder and bowel control, unnatural positions of the spine or head, difficulty breathing, problems walking, and changes in sexual function. If you rear-end a driver whose taillights are out, we can argue that you would have stopped had you had some type of warning (e. g., had the driver's taillights been functioning). For the driver and passenger of the trailing car in a rear-end collision, the potential range of injuries does not differ substantially from the injuries they can sustain in almost any other accident. Many drivers think they can handle an accident claim on their own, or they will let the auto insurance company handle it. If the airbag deploys, it can lead to bruises, broken bones, or burns to the face or scalp. Immediately following a rear-end collision, it is important to call 911, exchange contact and insurance information with the other driver, seek immediate medical treatment, and consult with an experienced car accident attorney. What Can an Attorney Do to Help? Rear-end collisions injure more than 556, 000 people annually.
Under California's "comparative fault" law, the fault can be divided between the parties involved. If you have experienced any damages, including personal injury or property damage, it is in your best interest to seek legal counsel after a rear-end accident. It's important to understand which scenarios present issues for proving liability, so you are prepared if you are ever in this situation. Legal References: - California Vehicle Code 23123. Continue reading to learn more about who's at faults, driver's duties, tailgating and more... After a collision, before even thinking about filing an insurance claim or speaking with an insurance adjuster you should speak with a professional accident attorney. This may mean providing medical records and even testimony from your doctor to explain the seriousness of your condition, and when you are expected to recover. Roughly one-third of all highway accidents are rear-end collisions, so if you have suffered injuries after a rear-end accident, you are certainly not alone. How to Avoid Rear-Ending Someone. In order to recover damages after an injury accident, the injury victims generally need to show the defendant was negligent. Instead, you should reach out to a lawyer to help you get started on building a solid case for your claim. Whether you rely on eyewitnesses and photographs or you need an inspection or an expert in accident reconstruction, your attorney can be your guide as you work on getting justice in your case. Don't text and drive, don't eat and drive – don't do anything but drive and drive. A car accident lawyer can answer your questions and help you with all phases of a car insurance claim or lawsuit process, including proving fault. Will the Insurance Companies Help Me After a Rear-End Accident?
Every driver must drive at a safe speed for the conditions. Fractures may range in severity from minor inconveniences requiring very little medical intervention to severe and life-threatening injuries that can take months to years for a person to reach complete recovery. The back driver is cited for following too close. For instance, if a driver runs a red light and strikes another vehicle that has the right of way, the red-light runner is at fault. However, multiple drivers could be liable in a multi-car rear-end accident. Negligence is the term used to describe behavior that hurts others and falls below a basic standard of care. If the driver in front suddenly stops in the lane of traffic and fails to set out flares or give any other reasonable notice to the driver behind. They can also give you informed, experienced advice about whether you should accept a settlement offer or proceed to trial. Back injuries can also involve an increased risk of musculoskeletal disorders, which are injuries or disorders affecting the movement of the body's musculoskeletal system. Get the peace of mind answers can bring, learn your legal options and the risks and potential rewards the law supports in your situation. Intoxicated drivers cannot judge accurately distance or speed, and actually may nod off while driving. If the accident involved criminal conduct or reckless driving (such as a DUI causing injury), the plaintiff may also be able to claim punitive damages.
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Our vision is attracted to light and movement, so flashing lights on vehicles are an excellent way to get someone's' attention. The reason is typically chalked up to negligence. However, rear end collisions usually cause "soft-tissue" injuries. These include: - Eliminating distractions. Only a handful of states still subscribe to this system. A rear driver may claim the lead driver braked suddenly but the rear driver was not paying attention to the road at the time. Rear-end collisions are the most common type of car accident in the United States. My husband and I and our baby in the back seat. Let's take a look below. When involved in an accident we recommend seeking representation from the best auto accident law firm available who can walk you through step by step what should be done to protect your interests. If you have further questions after reading this article, we invite you to contact us at Shouse Law Group. See the results below.
Individuals who have suffered an auto accident will file a liability claim with the at-fault driver's insurance company. Since New York is a no-fault state, blame does not matter unless the injuries qualify as "serious" under the state law. Andrew says the driver stopped suddenly. This maneuver is sometimes done by the front driver in an effort to "punish" a tailgater (also known as brake-checking). Tell the dispatcher the location of the accident, if anyone is injured, and if there are traffic problems or dangers at the scene. To prove that a car accident was caused by driver negligence, you must first show that the driver had a duty of care. There are many reasons why the driver in front might stop short. You might also need to file a police report with your insurance company when you are seeking a claim. Liability in a rear-end collision is not automatic and sometimes the lead driver or another vehicle is liable for the injured drivers' damages. Suppose you are driving on the highway. The more evidence gathered, the better the chances are of winning. The total cost of medical bills and related expenses are an important part of calculating the value of one's claim.
An experienced rear-end collision attorney can help to determine fault and gather evidence to substantiate your claim. Drivers and their insurance companies will make claims against each other and the back driver. When driving, pick a point somewhere on the road. Common Rear-End Accident Injuries.
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Soft tissue injuries are extremely common due to the impact of a rear-end collision. Compound fractures are much more serious than simple fractures because they can involve complications with deep infections caused by open wounds. Common traffic code violations include: - Running a red light. Vehicles should always maintain a safe distance for this reason. The defendant's negligence was a substantial factor in causing the victim's injuries or death. Tailgating is when one car follows another too closely.
The other two-second rule has to do with distance. Whether your case can be successfully settled or a better result would be obtained by proceeding to trial, we take a strategic approach to help ensure the highest possible verdict or settlement is obtained. Sometimes an accident finds you, despite your best efforts. Importantly, New York follows the rule of comparative negligence.
Most injuries will result in economic damages such as physical therapy, surgery, prescriptions, and other forms of medical treatment. Not maintaining control of their vehicle. Daily Themed Crossword is the new wonderful word game developed by PlaySimple Games, known by his best puzzle word games on the android and apple store. This type of injury makes sense considering you're being hit from behind. Attempting to make green lights. They may need to write a demand letter to the insurance company on your behalf. Drivers must keep a lookout for pedestrians, obstacles, and other vehicles.
Over the past several years, that has meant there are over two million reported rear-end collisions on American roads annually, according to the NHTSA. The injured party would not be suffering from whiplash if they had not been rear-ended. Avulsion fractures, involving small pieces of bones tearing off from the main bones because of extreme force to ligaments or tendons. You can end up veering into another lane, the driver in front of you may stop short, or someone or something might run out in front of you. Transmission of information from this site is not intended to create, and its receipt does not constitute, an attorney-client relationship between Adam S. Kutner and the user of this site. If so, they will help you prove the other party's fault.
Drivers Must Leave Enough Following Distance.
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