Should I Get An Attorney After A Rear-End Accident?
Rear-end accidents are quite common in the U.S. The NHTSA estimates that these accidents account for almost 30% of all traffic collisions. Unfortunately, rear-end accidents cause substantial injuries and deaths yearly.
If you’ve been in a rear-end accident, you may wonder, “Should I get an attorney?” So, should you get an attorney after a rear-end accident? Most rear-end accidents are caused by negligence. So, in most rear-end collisions, the injury victim can file a personal injury claim and recover compensation. It’s best that you retain a personal injury attorney if you suffered severe injuries in a rear-end accident so they can help you determine if you are eligible to pursue compensation from the other party. An attorney can help you handle your claim if you qualify for compensation. After a rear-end accident, a skilled personal injury lawyer can guide you through the legal process to help you obtain maximum compensation.
Should I Get an Attorney if I Was the Rear Driver?
Suppose you were the rear driver. In such a case, should you get an attorney? Yes, you should. Most people assume that the rear driver is always to blame for a rear-end accident, thus, cannot file a claim against the front driver. Indeed, in most cases, the rear-end driver is to blame for a rear-end accident. But this is not always the case. Sometimes, the front driver is entirely to blame for the accident, and other times the actions of both drivers may have contributed to the collision. As the rear driver, you may be entitled to compensation.
A skilled personal injury attorney will thoroughly investigate your case to determine if the other driver’s negligence contributed to your accident (either entirely or partially). The following are some things front drivers do that lead to rear-end accidents;
- Driving without brake lights
- Driving aggressively or recklessly
- Braking suddenly and unexpectedly
- Cutting you off, thus leaving insufficient room for you to come to a stop in time
- Doing something else unexpected, such as reversing their vehicle
Determining Liability in a Rear-end Accident
Your attorney will gather evidence to determine who is to blame for your rear-end accident. The following are some pieces of evidence that can help your attorney determine who is liable for your rear-end accident;
- The police report: If the police were called to the accident scene, they made an incident report that could provide helpful information. On top of mentioning the basic details, such as when and where the accident occurred, this report may include details of what or who the police believe caused the accident.
- Pictures of the scene: Your attorney may be able to get an accident reconstruction expert to help determine what occurred by evaluating photographs you took at the scene. If you took pictures before leaving the accident scene, give those pictures to your attorney.
- Eyewitness testimony: Nearby drivers and pedestrians who saw what happened can provide information that could help your attorney determine who is to blame for your accident.
- Video footage: Depending on where your accident happened, it may have been captured on a dash cam, traffic camera, or surveillance system. Ensure you speak to an attorney as soon as possible if you believe a dash cam, traffic camera, or surveillance system captured your accident. Usually, video footage is overwritten in a matter of weeks.
Comparative Negligence in Rear-end Accident Cases
It is crucial to note that Florida follows a comparative negligence law system for all car accident cases. As such, your level of fault and that of the other driver must be determined, and the settlement awarded accordingly. Florida follows the pure comparative negligence rule. According to this rule, you can recover compensation from the other driver even if you are 99% to blame for your injuries. This differs from the modified comparative negligence rule, which bars you from recovering compensation if you are more than 49% or 50% (depending on the state) at fault for your accident.
However, as is the case with the modified comparative negligence rule, under the comparative negligence law, if you are partly at fault for your rear-end accident, the compensation you recover from the other party will be reduced by your percentage of fault. Suppose you are 60% to blame for your Florida rear-end accident. In this case, the amount of compensation you receive will be reduced by 60%. If, for example, your damages amount to $200,000, and you are 60% at fault for your rear-end accident, you will recover $80,000 (40% of $200,000).
Contact a Naples Personal Injury Attorney
Contact our qualified and dedicated Naples personal injury attorneys at The Law Offices of Marc L. Shapiro if you suffered severe injuries in a Florida rear-end accident. Regardless of whether you were the front or rear driver, reach out to us today. We can help you determine if you have a valid personal injury claim. If you do, we can help you fight for the compensation you deserve.
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