Can You Sue for a Rear-End Collision?

Rear-end collisions tend to be the most common type of motor vehicle accidents. For example, Arizona’s crash stats show that these incidents have the highest percentage across all accident types.

Though these accidents are more common, that doesn’t mean they are any less serious. Learn what you need to know about getting fair compensation after a rear-end crash and how Big Auto is ready to give you a helping hand.

Who Can Sue for a Rear-End Collision?

You can sue for any crash where you believe another party is at fault and you experienced losses. You will have to demonstrate how the other person acted negligently and prove that the negligence directly caused your losses. Then, you will show the extent of your losses.

Your claim may have more than one at-fault party. In such a case, each liable party typically has to pay for its portion of damages.

Whether you can sue someone also depends on whether the court assigns you any responsibility for the accident. The types of negligence statutes fall into three categories across the states:

• Modified comparative negligence: You can recover damages as long as you are no more than 50% or 51% at fault (depending on your state’s specific standard).
• Pure comparative negligence: You can recover damages from others for their percentage of fault, no matter how much liability you may have.
• Contributory negligence: You can only recover damages if you have no amount of fault in the accident. 

Most states follow some form of comparative negligence. Four states and the District of Columbia follow the stricter contributory negligence standard.

How Does the Court or Insurance Company Determine Liability?

Courts will generally presume that the rear driver is at fault in a rear-end collision. Traffic laws tell drivers to keep from following too closely or to maintain a safe speed to avoid such accidents. Therefore, whether you were traveling over the road or sitting at a stop light, you likely have a case after another driver rear-ends you.

When the Lead Driver Might Have Liability

However, there are circumstances where the lead driver can bear at least part of the responsibility. For example, the lead driver may have committed an error that contributed to the accident. This might involve suddenly shifting into reverse, failing to use signals, driving recklessly, stopping in the middle of moving traffic or making a turn from an outside lane.

A problem with the vehicle could also put fault on the lead driver. That individual might know that the brake lights or turn signals were inoperative and did not repair them. That could bring at least partial liability. Also, if the lead driver intentionally arranged the situation to cause an accident, that might negate their claim completely.

When Other Parties Could Bear Responsibility

A vehicle or part defect or malfunction may have caused an issue that led to the accident. This could put liability on a manufacturer, seller or repairperson. Additionally, anyone else whose actions or interference led to the accident can bear some of the responsibility.

These points show that you might be able to sue for a rear-end collision in some cases, even if you were the rear driver. Of course, this depends on your state’s negligence statutes as well. If you suspect that you have a case, you can discuss it with a lawyer in our Big Auto network for free.

Should You Sue After a Collision or Take a Settlement?

It’s not true that suing always leads to a better outcome than taking an out-of-court settlement. In fact, most car accident cases reach a settlement, which can be better for you as a claimant.

Quicker Resolutions With Settlements

For starters, a settlement is usually the quickest way to get a payout. You and your legal team have more control over when and how you carry out negotiations with a settlement. During a trial, you are on the court’s schedule.

Plus, even if you win, you may have to go through the appeals process, dragging things on even longer. Of course, if you don’t win, you can appeal as well.

Lower Costs and More Privacy With Settlements

Also, trials have more expenses and fees than private negotiations because you’re using public resources to resolve the dispute. Speaking of being public, settlements are confidential, which might be preferable if you have sensitive matters you don’t want to be a matter of public record.

In general, insurers handle car accident cases, and they have teams that understand the process. While they may use this experience to try to get you to accept a smaller claim than you deserve, they usually recognize when you have a strong case. They also want to avoid the costs of going to trial, especially when they realize they will lose.

That’s why you should present the strongest case you can to get a fair and full settlement. However, if the insurance company or defendant is unwilling to be reasonable, going to trial is worth the additional effort.

How Do You Bring the Strongest Case for a Rear-End Collision? 

An accident only adds to the matters you have to care for in an already busy life. You’ll have to get estimates and repairs, as well as find suitable transportation in the meantime.

More importantly, you have to investigate and care for any medical injuries you sustained. These responsibilities will likely take you away from work, making you sacrifice income or benefits. Fortunately, these are all items you can claim in your suit, but where will you find the time?

Let our attorneys from the Big Auto network assist you. You can have the confidence that you are presenting the strongest case possible while you take care of getting your life back on track.

We’ll help you gather any evidence that can strengthen your claim for the most compensation. This includes:

• Medical records and expert testimony to show the full extent of injuries
• Photos and video footage of the accident scene
• Cell phone records for evidence of distracted driving
• Pay stubs and business records to prove lost wages
• Estimates and invoices for vehicle and property repair or replacement cost

These can be hard to collect and organize on your own, but our team has experience in all of these areas. Let us help you build the strongest case you can.

How Long Do You Have To Sue for a Rear-End Collision? 

As with negligence standards, each state has its own statute of limitations for filing personal injury claims. Some go as short as one year, while a couple give plaintiffs up to six years. Also, many states give you an even shorter timeframe for bringing a case against a government entity.

However, it’s never a good idea to delay filing your claim because you’ll rely on the strength of your evidence to win the case. Even with seemingly straightforward rear-end collisions, passing time can cause memories to fade and evidence to degrade, weakening your arguments.

Remember that you can get a free case review from our Big Auto accident attorneys. Contact us to find out what your next steps should be.

Are You Ready To File Your Rear-End Collision Case? Contact Big Auto Now

When another driver rear-ends you, you shouldn’t hesitate to pursue the compensation you deserve. No matter where you are when it happens, you can call Big Auto for assistance from lawyers around the country with experience and determination. We are available 24/7 and will start your case for free.