Car accidents can be traumatic and unexpected. If you have been badly injured in a car accident that was not your fault, the additional expense of unplanned medical treatment and the possible loss of earnings will be very unwelcome.
There is no reason why you should have to pay any of these expenses if you can prove that the accident and your injuries were caused by an act of negligence, for example if you were hit by a driver who was texting at the time. You may need an attorney to help with a personal injury claim.
What is the Chance of a Rear Ended Accident Caused by a Texting Driver?
Rear ended accidents are some of the most common types of accidents on our roads. They can even happen in busy city neighborhoods. There are many different reasons why rear ended accidents happen, but the basic reason is that the driver who is in the rear has just got too close to the vehicle in front.
If a driver reads or sends a text message, then it is highly likely that the driver will not be concentrating on the traffic around the car. It is easy in these circumstances to get too close to the vehicle in front and hit it. Drivers may not legally be allowed to text while driving, but the fact that it is illegal in nearly every state doesn’t seem to have stopped many drivers from doing it and, therefore, endangering other people’s lives.
Possible Rear End Crash Injuries
If you are hit in the rear by a texting driver, the whole event will most likely be unexpected. What tends to happen is that your body, especially your neck and head, jerks forward, then back again. Depending on the violence of the impact, serious damage can be done to the neck muscles and neck joints.
The most common neck injury is whiplash, which can remain undetected for hours or even days after such an accident, then actually persist as a very painful condition for much longer. If the crash is very severe, typically when hit by a truck or similar large and heavy vehicle, other injuries may include crushed limbs, lacerations, facial, and brain damage.
What You Could Do to Recover Damages
You should talk to an attorney as soon as you can about filing a claim for compensation from the driver at-fault. You will need to have proof that the other driver was the one at fault, but this is easier in a rear end crash than other crash types. Photographic evidence can prove useful, as can a police report, a damage report from a vehicle repair yard, and witness statements if these are available.
If the driver’s insurer is proving to be obstructive and you suspect that the other driver was using his or her cell phone (this may have been observed in your rear mirror), your attorney may be able to obtain a cell phone record from the driver’s cell phone provider through a subpoena.
Why You Should Use an Attorney to Help You With a Personal Injury Claim
No personal injury claim is automatic. Evidence must clearly indicate the chain of events that led to your injuries. The other driver’s insurance adjuster may not be cooperative if you attempt to negotiate directly with the insurance company yourself. You will have a higher chance of succeeding in obtaining sufficient compensation if you use an experienced personal injury attorney to help you with your claim.