Determining Fault After a Rear End Car Accident

Even if you are a safe driver, there other drivers who drive in an unpredictable manner that can result in a rear end accident. If you have been involved in a rear end accident and you know you didn’t cause the accident, this doesn’t mean that you will be able to prove which driver was at fault. You have to start to act quickly if you want to get compensation for the rear end car accident.

How a Rear-End Car Accident May Occur

Rear-end accidents happen regularly due to the fact they are often caused by a distracted driver who loses concentration and while driving in an unpredictable way causes a rear-end accident. There are many different reasons for distracted driving which include:

  • driver falling asleep;
  • driver taking drugs or alcohol;
  • driver talking or texting on a mobile device;
  • drinking and eating while driving;
  • deliberately driving recklessly;
  • poor maintenance of vehicle leading to brake failure.

Damages That Might Occur in a Rear-End Car Accident

There are several types of damages that can be included in a PI claim in a rear-end accident such as:

  • cost of repair to vehicle;
  • cost of replacing damaged personal property in the vehicle;
  • the total cost of medical treatment for anyoneinjured;
  • a percentage of wages lost while unable to earn an income;
  • an amount to cover the pain and suffering caused by the rear-ender;
  • out of pocket expenses like taxi fares to hospital or to go shopping while unable to drive;
  • the cost of a renting a car while yours is being repaired;
  • punitive damages if the at-fault driver was deliberately negligent.

How to React if You Are Involved in a Rear-End Car Accident

As soon as the rear end accident takes place, you should get yourself to an emergency room for treatment. You should obtain as much evidence as possibleat the accident site and exchange information with anyone else involved as well. You should not be afraid to call the police as a police report is a vital piece of evidence in a PI claim.

The sorts of evidence that is useful for a PI claim include:

  • photos taken by you and the other victims of the rear-end accident including the damage done to vehicles and their positions at the accident site;
  • photos retrieved from nearby traffic monitoring cameras showing the accident occurring;
  • the police report;
  • your physician’s medical report describing your injuries and expected recovery time;
  • receipts for any medical treatment you have paid for;
  • unpaid invoices for medical treatment;
  • car repair bill or receipt for repairs.

Determining Fault After a Rear End Car Accident

Speak With an Attorney

You may think that filing a personal injury claim when you have evidence to prove who caused the rear-end accident means you will get a favorable settlement. Getting money out of an insurer is never that easy and you have a higher chance of winning a successful claim if you ask a personal injury attorney to work on your behalf. An attorney has the experience of negotiating with at-fault drivers’ insurers and has a higher chance of winning a successful claim than if you negotiate on your own.

Additional Resources