One of the most common types of car accidents is rear-end collisions. They usually happen when the car that you are in is stopped at a light or waiting for traffic or waiting for a car to turn in an intersection.
Usually, the driver that was moving is responsible for the accident. The cause is usually due to the driver not paying attention or following too closely. The driver of the vehicle will usually admit that they caused the accident.
After the accident make sure to contact the police at the scene of the accident. Insurers will look to the police report to ascertain who is responsible. Sometimes carriers or their defense attorneys will claim no liability due to sudden and unexpected stopping, failure to signal when stopping to turn, not yielding before pulling into traffic, or a break malfunctioned.
After an accident, my office will consult with you to learn about the following items when assessing the certainty of liability in
your rear-end collision:
- The distance that the vehicle behind you traveled prior to impact. Did you see how far away the colliding vehicle was before the crash? How long was your vehicle stopped before the impact? Your use of turn signals. If you were about to turn, did you have your turn signal on? For how long?
- The speed of the other vehicle at the time of impact. The faster the speed, the harder the impact which often causes more severe injuries.
- The damage to the vehicles. Make sure to take photographs immediately following the accident. Be aware that even if there is very little damage to the vehicles, you can still be very injured.
- Statement of the driver. Make sure to keep your answers short and simple regarding how the accident happened. You should also be sure to complain about all the parts of your body that you feel pain as a result of the accident.
- Witness statements. Following the accident, be sure to obtain the name and addresses of any witnesses to the accident and try to obtain a written statement.
- Driving conditions. What was the weather at the time of the accident? Was the roadway slippery? Was there any precipitation 24 hours prior to the accident? What were the lightning conditions?
- Lights working? Were the brake lights functioning? If the accident occurred at night, where the lights on?
Any defenses? Is the insurer suggesting that brake defect, icy conditions, sun in the eyes, your failure to
signal, or the like are to blame? Can the insurer prove it?
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