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Rear-end collisions are one of the most common types of fender-benders, often causing significant property damage and debilitating injuries. If a rear-end car accident in San Jose left you seriously hurt, it is important to understand that you have legal options. After a wreck of this nature, consult a local personal injury attorney as quickly as possible.
Having a lawyer on your side is especially important in rear-end crash injury claims because, due to these accidents generally being less severe in nature, the other driver’s insurer might question whether you are injured at all. Our experienced car wreck lawyers could work to establish the other driver’s fault and pursue compensation for the full extent of your injuries.
Most rear-end collisions are the fault of the driver in the rear vehicle. They might have been distracted by their phone, tailgating, speeding, or did not accurately judge the distance they needed to stop. These accidents commonly occur at intersections, particularly at night or when weather conditions lead to poor visibility. A driver waiting in line at a red light might accelerate before the signal turns green, colliding with the vehicle in front of them.
Rear-end collisions also occur on certain roads and highways when vehicles are driving at high speeds and encounter unexpected traffic. Motorists who fail to brake in time may drive into the car ahead of them. Though some people may think this situation means the vehicle in front is at fault for suddenly stopping, the reality is that every driver has a legal obligation to keep a safe enough distance to avoid a collision. As such, tailgating is one of the most common causes of rear-end auto collisions.
However, the rear driver is not automatically at-fault in a legal sense. An injured individual will still need to provide evidence of the other party’s negligence, as it is possible for others to be liable. The driver in the forward car might have stopped suddenly or unexpectedly, cut off another vehicle, or reversed into the car behind. The driver of the forward car might be at-fault if the vehicle had faulty brake lights. In some cases, a pedestrian, cyclist, or other parties could have caused the accident. A San Jose attorney could review the police report, witness statements, photos of the damage, and other evidence to determine who was at fault for a rear-end accident.
Severe injuries could result from a rear-end accident, especially if the rear vehicle was at cruising speed when the crash occurred. Head or spinal cord injuries could result from a high-speed rear-end collision. A person in the forward car might suffer facial injuries if the force of the crash thrust them into the windshield. Seatbelts and airbags could cause fractures of the clavicle or ribs.
Most rear-end accidents happen when the rear car is braking but does not stop in time. Although these crashes happen at lower speeds, they could cause painful injuries that interfere with the injured person’s life. Soft tissue injuries are common, including shoulder and wrist sprains and strains.
A widespread injury in rear-end collisions is whiplash or neck hyperextension. Although whiplash is rarely apparent on imaging tests, the symptoms can be severe and include limited range of motion in the head and shoulders, headache, nausea, stiffness, dizziness, and numbness in the arms, hands, and sometimes legs.
In many cases, these symptoms do not become apparent until hours or days after the accident and may increase in severity before they get better. Whiplash typically resolves completely within a few weeks, but in some cases, it might be several months before a sufferer heals. Sometimes a person with whiplash continues to experience minor symptoms long after the accident.
Anyone in a car accident should seek medical treatment as soon as possible, even if they believe they are uninjured. As noted above, some conditions, like whiplash, might not cause immediate symptoms. However, if a doctor knows a person was in a rear-end accident, they could prescribe measures like rest and anti-inflammatory medications that might reduce the severity of symptoms when they develop.
In addition, seeking medical help soon after the accident establishes that the accident occurred and provides documentation of the way the victim felt immediately afterward. Even if an individual is not yet experiencing significant symptoms, the doctor’s exam could reveal evidence of injury. A San Jose attorney could later submit this medical record to prove an injury if the at-fault driver’s insurer later tries to deny an injured person’s claim.
Injuries from a tailgating crash could keep you away from work and unable to do the things you enjoy for weeks or even months. A seasoned car wreck attorney could review the police report, investigate the scene of the accident, and pursue compensation from liable parties while you focus on your recovery.
If you were in a rear-end car accident in San Jose, you deserve fair compensation for your injuries. Schedule a consultation at Solution Now Law Firm today to learn about your legal options.