Posted On January 26, 2021 Personal Injury
One moment you are sitting at a stoplight or at the end of a highway exit ramp, and the next thing you know, you see another vehicle careening towards you in your rear-view mirror. Or, worse yet, a vehicle rams into you out of nowhere, with no notice and no opportunity to avoid it. Rear-end accidents are terrifying, and they frequently result in serious, life-changing injuries that can have a significant impact on accident victims and their families.
At the law firm of Console & Associates, we work closely with accident victims, helping them pursue fair compensation for the injuries they sustained in rear-end car accidents. With over 25 years of hands-on experience investigating, preparing, negotiating, and litigating all types of car accident claims, our car accident attorneys have what it takes to succeed on your behalf. We also understand that recovering from a major car crash can be a very challenging time. On your own, filing a personal injury case may feel like an overwhelming task. When our attorneys handle your claim, we vow to make the process as easy and straightforward as possible.
Rear-end accidents are among the most common types of car accidents. They are also very dangerous. These accidents occur most often while one vehicle is stationary and the other is moving at high speed. Due to the nature of these crashes, accident victims rarely have the opportunity to make any evasive maneuvers or brace themselves for the impact.
According to one study, rear-end collisions account for about 29 percent of all traffic accidents resulting in serious injury. Statistics provided by the Insurance Information Institute indicate that rear-end collisions are responsible for over seven percent of all traffic-related fatalities and nearly 20 percent of those fatalities involving two-vehicle collisions.
Like many other types of Pennsylvania car accidents, a rear-end collision is often the result of driver negligence. In most cases, the driver who rear-ended the other car is the responsible party. However, that is not always the case.
Review some of our previous cases to learn what we can do for your rear end accident claim:
All drivers owe others on the road a duty of care to safely operate their car. While the exact nature of a motorist’s duty varies, depending on traffic and weather conditions, the basic principle is that they must follow all traffic laws and exercise sound judgment while behind the wheel. When looking at how most rear-end accidents occur, it is no surprise that, in most cases, the driver who rear-ends the other vehicle is at fault. For example, below are four common scenarios:
In each of these situations, the driver coming from behind is likely the one who is at fault. However, there are some scenarios where both drivers may share the blame for a rear-end accident.
For instance, consider the following examples:
In each of these cases, it isn’t that the rear-ending driver is not at all responsible, but that the leading driver may share responsibility for the accident. This can have a major impact when it comes to a subsequent personal injury case filed by the accident victim.
As indicated above, some rear-end accidents are solely the fault of the rear-ending driver. In these cases, the accident victim can file a personal injury case against the other driver, seeking compensation for their injuries.
In situations involving shared responsibility, the accident victim will still be permitted to file a claim against the other driver. However, the total amount of damages they can recover will be reduced by their percentage of fault. For example, assume that John rear-ended Terry and that John was 70 percent at fault and Terry 30 percent at fault. If Terry’s damages were $200,000, then he would recover a total of $140,000, which is the amount of his total damages, less 30 percent.
If you or a loved one has recently been injured in a rear-end car accident, contact Console & Associates for immediate assistance. Since 1994, Attorney Richard P. Console, Jr., and his team of knowledgeable personal injury lawyers have been helping injury victims and their families secure the compensation they need to move forward after a severe rear end accident. We offer all prospective clients a free consultation, in which one of our attorneys will explain the recovery process and answer all of your questions. To learn more, and to schedule a free consultation, call 866-778-5500 or contact us through our online form.