Steps To Take Following A Rear-End Collision

Steps To Take Following A Rear-End Collision

August 17, 2023

Rear-end collisions are prevalent due to traffic congestion, distracted driving, driving under the influence (DUIs), and brake failure. Many people consider such collisions minor, but victims may suffer costly and severe injuries after the incident. If you sustain injuries following a rear-end collision, follow the following steps.

Seek Medical Help

Make sure you get medical treatment following an accident as soon as possible in the emergency room or at the accident scene if healthcare professionals and EMTs are present. Some injuries aren’t evident to victims, but a medical record following an accident helps with later treatment, diagnosis, and insurance claims. Some of the prevalent symptoms victims of a rear-end collision sustain are:

  • Headaches that keep worsening
  • Difficulty with balance
  • Pain and neck stiffness
  • Tenderness or numbness in the upper back, shoulders, fingers, and arms
  • Loss of range of motion in the spine or neck

Have Your Attorney Report The Incident To Your Insurance Company

Most insurance policies demand a report of the accident shortly after the incident. Victims of a rear-end collision should hire a car accident attorney to handle the communication on their behalf. Your insurer requires timely notice for an uninsured motorist claim or any other type of claim you need to file in the future. Working with a reliable car accident attorney minimizes the possibility of saying the wrong thing that may jeopardize your chances of fair compensation in the long run.

Don’t Apologize Or Admit Fault

It’s common knowledge that drivers who get rear-ended can sue the other driver responsible for the incident. Common exceptions include brake slamming without warning and for no apparent reason or front car backing. It would help if you didn’t admit fault since that’s what the law defines as an admission against interest. The other party may use the admission against you during court cases or settlement negotiations.

Avoid Communicating With The Insurance Company Of The Other Driver

The at-fault driver’s insurance company will try to contact you to ask questions related to the incident. They may seem friendly, but it’s always risky to communicate with them as you may say something offhand that may lead the adjuster to question the severity of your injuries or what happened. Always let your car accident lawyer handle all negotiations and communications with insurers. Most importantly, victims shouldn’t accept the settlement offer without consulting their attorney first.

Hire A Car Accident Lawyer

After seeking medical attention, hiring a car accident attorney is the most crucial step. You deserve total compensation for the injuries sustained, even if you believe the accident was minor. Working with a seasoned car accident lawyer increases your chances of receiving the required amount. Insurance companies tend to take advantage of unrepresented claimants, but they know they can’t employ the same tactics on seasoned car accident attorneys.

Damages Victims Recover After A Rear-End Collision

Economic Damages

These damages are easy to prove, usually with the help of a wage statement or a paid invoice. They represent out-of-pocket, readily ascertainable damages. These losses include lost wages, mental health services, property damages, medical costs, and property damages.

Non-Economic Damages

These damages are subjective and complex to prove compared to economic damages. They are based on future projections rather than specific documents, and victims may require expert testimony to establish the losses. These damages include loss of consortium, motor function, disfigurement, emotional disorders, cognitive function loss, and earning capacity.

Punitive Damages

These damages don’t compensate the victim, but the victim may receive them. Instead, these damages punish the at-fault driver for deterring other drivers from engaging in the same conduct. Victims should prove the at-fault driver’s reckless behavior or intentional misconduct to receive these damages. These damages are rare but possible in some rear-end car accident cases.

Hiring a lawyer following an accident relieves you of the stress of insurance companies. Legal help enables you to focus on your recovery. Working with a seasoned attorney enables you to secure more financial compensation.

No Comments

    Leave a Reply