Rear end accident attorney in Mesa
A rear end collision accident is caused when a car (driver) in front is hit from behind by a rear driver. These common accidents happen as a result of an abrupt stop, following too closely, or distracted driving.
Victims of a rear end collision must involve the police so a report is filed. Even if damage appears to be minimal, a police report is the necessary documentation you will need to protect your rights to pursue any liability claim. A police report helps establish which driver was at fault in the rear end accident. It is possible that even if no serious or obvious injuries were sustained in the accident, a victim may experience symptoms or pain after the crash.
Seek medical treatment immediately, then call Injury Lawyers Mesa. If you have sustained injury in a rear end collision, and another party was negligent, you have the right to file a legal claim.
Liable means negligent, or at fault. Our experienced Mesa personal injury accident legal team examines the evidence, analyze the facts and the police report, work with experts, and investigates the collision thoroughly in order to determine liability.
A fairly standard traffic law is that the rear driver must allow enough space between their vehicle and the vehicle driving in front of them. Following too closely is one cause of a rear end collision.
Typical injuries resulting in a rear end accident include soft tissue injuries involving muscle inflammation. Most commonly, victims experience back and neck pain, or whiplash. The front driver may be injured by the seat belt upon impact that could cause scars, chest soreness, or scars. More serious and potentially permanent injuries may happen such as brain injury, broken bones, spinal cord injury, headaches, fractures, disfigurement, or bulging back or neck discs.
A driver who has been hit from behind should report the accident. A police report will officially document the accident and any pertinent details. The driver and any passengers need to ensure that they are safe, and if necessary, get medical assistance immediately. If you suspect any injury, even if an examination is precautionary, get medical attention right away. Next, you may take pictures of any property damage or the vehicles as well as a picture of the scene of the accident. Any evidence you can document is always helpful. Make note of road and weather conditions and notice if there were witnesses to the accident. In order to protect your rights, call the police, then call our law firm.
What is your case worth?
A rear end accident claim compensation depends of different factors:
- Medical expenses
- Lost wages or earning capacity
- Property damage
- Permanent injury or impairments
- Mental and emotional trauma
Contacting Injury Lawyers Mesa is crucial in determining liability and recovering the maximum compensation for injuries. Our experienced rear end collision legal team offers expert legal representation and a free consultation and case evaluation. Consulting with an expert about your specific case will help you answer questions, protect your rights, make appropriate decisions, provide options, and understand the process of rear end accident claims.
How long will my rear end accident claim take to reach a settlement?
It depends on your particular situation and circumstances of the accidents. When recovering compensation for injury and/or property damage caused by a rear end collision, the victim must prove that another party was negligent and the extent of the damages.
From the time of the accident to the moment a verdict is given, the resolution to a rear end accident claim is probably going to occur during a specific step in the legal claim process.
In the early settlement phase, a resolution may reached before a lawsuit is even filed. If all parties can agree about what happened in the accident and the damages incurred. This is a “clear liability” case because liability is clear and supported by evidence. There is really no need for a debate or litigation in court. Typically, this situation becomes evident within the first 30 to 90 days from the accident, and a settlement would be likely. In a usual case scenario like this, the insurance company representing the negligent party writes a settlement check to the victim. The victim signs a release giving up any right to sue over the accident in the future.
The next phase of the process is the discovery. Evidence of the case is gathered (documents, depositions, statements). How the accident happened, the extent of property damage and injuries, and other details of the accident become more clear.
Discovery typically lasts six to twelve months after the lawsuit is filed. Evidence may reveal that one party cannot prove their case. As the details become more clear, and If any motion to dismiss the case is denied, the defendant may be motivated to settle.
Following discovery, the courts may schedule a mediation, or alternative dispute resolution. This encourages both parties to reach an agreement with help of a mediator.
A mediator manages the case expectations and helps each party to understand the most likely outcome of the case based upon evidence.
Finally, a case may reach the trial stage. Not many personal injury cases go to trial. After all attempts at settlement have failed, trial is a last resort. A trial can take as long as two years to reach a resolution. Minor accident claims often get resolved before going to trial.
Contact Injury Lawyers Mesa to discuss your case. Schedule a free consultation to protect your rights if you were involved in a rear end collision. Experienced legal representation from our personal injury legal team assures victims maximum compensation after an accident.
Who is at fault in a “Chain Reaction” rear end accident?
A chain reaction accident results from multiple vehicles all colliding into another. In this case, who is liable? This type of accident occurs when at least three vehicles are involved in a series of rear-end accidents. Typically these are caused by the force of the first collision, sending one vehicle into the next vehicle.
Determining who is at fault is challenging. Different issues arise when proving negligence. In a chain reaction accident case, it is a matter of concluding which driver’s recklessness or carelessness caused the accident. In some situations, more than one driver shares liability.
What if your vehicle is launched into the one infant of you because you got hit from behind yourself? A chain reaction accident case involving injury and property damage can be complicated, especially because it involves multiple drivers. An attorney uses experienced legal representation and a process that investigates evidence to reveal how the accident plays out.
If your rear end collision involved a chain reaction accident, you need to contact Injury Lawyers Mesa. If you suffered injury, it is crucial that the negligent dirver/s are identified and you make a proper legal claim to your right to compensation.
Rear End Collisions in Mesa: Who is at Fault? What are the Damages?
Many assume that in the rear driver is at fault in a rear end vehicle accident. In most rear end collisions, this is the case. However, the lead driver could be negligent for the accident.
Who is at fault in an accident must be proven. Which driver is negligent determines who is liable to pay for damages. Negligence can be proven by examining details of the accident. Was a driver distracted? Speeding? Tailgating? Under the influence? Texting?
A victim of a rear end crash may recover compensation for injury or property damage by filing a personal injury lawsuit. Compensation may include:
- Medical expenses
- Lost earning potential
- Lost wages
- Vehicle repair costs
- Pain and suffering
- Survivor damages – wrongful death
Often the rear driver is at fault, but it is not automatic. Different factors may contribute to a rear end accident. The negligent driver is responsible for damages caused to another party. The victim need to prove the other party is negligent by failing to use reasonable care in driving a vehicle:
- Drivers must use reasonable care
- Drivers must keep watch for pedestrians, obstacles, and other vehicles
The lead driver may be at fault if they exhibit reckless or negligent driving. The following are instances when the rear end accident is caused by the lead driver:
- Pulling out in front of another car
- Reversing into a car
- Breaking suddenly
- Driving with a broken tail light
- Road rage
- Driving while under the influence
- Driving while distracted
Drivers must follow vehicles at a safe distance. This safe distance may need to be adjusted for road conditions, night-time driving, weight of the vehicle, or loose gravel. Following too closely causes rear end collisions. Also, distracted driving accounts for many rear end accidents.
Anything that takes the driver’s attention away from safely operating a vehicle is distracted driving. Some examples of distractions that may cause an accident include:
- Using a cell phone
- Chaining the radio station
- Mapping directions or looking at a map
- Adjusting the steering wheel or seat
- Watching a video
There are so many scenarios of rear end accidents. Fault is not always clear. All costs and losses associated with the accident may be recovered when the negligent party is determined.
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