Many believe that rear-end collisions happen at low speeds when parallel parking or stopping quickly at a yellow light. However, these crashes frequently occur at high speeds, leaving you with significant physical damage, including neck and head trauma, soft tissue injuries, and internal organ damage. As a result, healing may take time, and when you miss work after amassing medical bills, you might struggle to support yourself and your family.
Fortunately, our experienced car accident attorneys can help. California requires motorists to carry bodily injury, property damage, and uninsured motorist insurance, each of which can necessitate a fair payout for your injuries. Moreover, personal injury lawsuits can compensate you for the losses an insurance policy cannot cover. Our lawyers are skilled at negotiating and litigating claims for rear-end car accidents in Stockton and will fight to get you the justice you deserve.
What Causes Rear-End Vehicle Accidents?
According to the National Safety Council, 29 percent of all car accidents are rear-end collisions. Common causes of these crashes include the following:
- Failing to leave one car length for every ten miles per hour
- Distracted driving, including texting while operating a vehicle
- Speeding
- Tailgating
- Failing to take extra care during bad weather or hazardous road conditions
Many severe injuries sustained after being hit from behind happen because the negligent motorist lost control. A tenacious attorney in Stockton can evaluate the circumstances of a rear-end vehicle collision and determine who was at fault.
How Does an Injured Driver Get Compensated?
Anyone injured in a car accident is entitled to compensation when another driver is responsible for the collision. California is an at-fault state requiring minimum motor vehicle insurance; therefore, the negligent driver’s insurance policy is the first place to seek compensation for medical bills, lost wages, property damage, and subjective losses like pain and disfigurement.
However, insurance companies are in business to make a profit: adjusters often take aggressive measures to avoid paying the injured party the funds they need to get back on their feet. Likewise, insurers often minimize the victim’s injuries and accuse them of causing the car crash. That said, seasoned negotiators should handle insurance claims or initiate a lawsuit when the parties cannot come to an agreement.
In a lawsuit, the plaintiff sues based on the other driver’s negligence. The jury then awards damages to put the plaintiff back in the financial position held before the accident. However, an attorney must first prove the defendant had a duty to drive reasonably, breached that duty, and the breach was the proximate cause of the victim’s injuries.
Two Types of Cause
To be the cause-in-fact for the plaintiff’s injuries, the facts must support the ‘but for’ test: for example, but for the defendant’s actions, the injuries would not have occurred. A lawyer in Stockton experienced with handling rear-end vehicle crash claims can determine if all the elements of negligence are met in these cases.
California’s Pure Comparative Negligence Rule
Even when the plaintiff shoulders some blame for the car accident, California’s pure comparative negligence law allows the jury to award the victim partial compensation.
Several states have adopted modified comparative negligence laws that allow juries to award damages only when defendants are more at fault than plaintiffs. When the victim of a rear-end vehicle collision shares liability for the wreck, reaching out to a personal injury lawyer in Stockton is be the best chance at securing a fair settlement.
A Personal Injury Attorney in Stockton Can Fight Rear-End Car Accident Claims
In the aftermath of a rear-end car crash, the at-fault driver’s insurance company will likely claim it was a minor collision, but your whiplash, soft tissue injuries, and broken bones might say otherwise. Our job is to make the reckless driver pay for your medical, financial, and emotional losses.
Even if you share partial blame for the wreck, we can review evidence, including police reports, eyewitness statements, surveillance, and medical reports, and discuss a strategy for building your claim. Our energetic personal injury attorneys are well-versed in cases involving rear-end car accidents in Stockton and can work to get you the settlement you are entitled to. Call today.
