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Being injured in a rear-end accident has the potential to change your life. Many injuries from rear-end accidents come with significant medical bills and long recovery times. In too many cases, those who got rear-ended end up suffering due to someone else’s actions.
Although the facts of the accident may seem relatively upfront and simple to you, it is important to understand how to protect your rights in a rear-end accident in Oceanside. Recognizing what to do next could help you to protect your right to recover compensation.
If you need answers to your questions about what to do next after a rear-end car accident, an Oceanside auto accident lawyer is an important resource. Contact the Sargent Law Firm Injury Lawyers to get personalized support with your injury claim now.
Causes of Rear-End Collisions
Driver negligence is a common factor for rear-end collisions. Drivers have a legal duty to share the road with others and to follow relevant road rules. This includes following a safe distance behind other vehicles.
Staying at a safe distance gives drivers a chance to hit their brakes for traffic, construction, or other obstacles. When a driver follows too closely, there may not be enough space for them to safely stop their car without striking the vehicle in front of them.
Rear-end crashes are the most common type of car accident, and some of the most frequent causes of rear-end accidents include driver fatigue, aggressive driving, distracted driving, drunk driving, and the impact of hazardous weather conditions. Drivers following too closely or speeding may suddenly brake and strike the car in front of them.
California Vehicle Code Section 21703 addresses rear-end collisions. This law prohibits drivers from following other vehicles too closely or tailgating. Drivers who are not following other vehicles at a safe distance may be penalized by receiving a ticket for tailgating or being held liable in an accident.
One of the challenges with CVC 21703 is that the law does not specify how close to another vehicle is too close. The following distance depends on weather conditions, the speed of the vehicles, road conditions, the stopping distances of the vehicle and other relevant circumstances.
Ultimately it is a traffic offense to be charged with violations of 21703 CVC. This ticket for tailgating carries one point on the driver’s record with the California Department of Motor Vehicles and a $238 fine.
Common Injuries in Rear-End Accidents
Even with safety features like seatbelts and airbags, injuries often happen in rear-end accidents because of the force when two vehicles hit one another. When the driver in front has no opportunity to swerve out of the way or pull ahead, they may face a variety of medical issues. Some of these cannot be identified with the naked eye at the scene of the crash, which is why it’s so important for anyone in an accident to get medical attention immediately.
One of the most common injuries in a rear-end accident is whiplash. This is caused by the body being thrown forward and then backward suddenly when another vehicle strikes it from behind. It can take weeks or months to recover from a severe whiplash injury as the head, neck and shoulder muscles may all be affected.
Other common injuries from rear-end accidents include brain injuries, wrist and arm injuries, spinal cord injuries, back sprains and strains, compression fractures, herniated or slipped discs and lacerations and burns. Many of these medical conditions come with significant expenses and recovery time for a victim.
If you’ve been injured or a loved one has been killed through an act of negligence, you need the highest level of legal representation.
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Who Is At-Fault for a Rear-End Collision?
In most rear-end collisions, the driver who struck the car in front of them is typically at fault due to distracted driving or following too closely. These accidents usually occur when the driver is tailgating or is not paying enough attention to react to the vehicle in front of them in time.
There are certain circumstances in which a lead vehicle driver may be accused of causing or contributing to the accident, although they are rare.
These can involve situations in which the lead driver reverses into the rear vehicle, turns into traffic without appropriate distance, merges in front of another vehicle without providing appropriate following distance, or when the driver is operating the vehicle erratically due to an impairment such as intoxication.
Even if the other driver accuses you of being partly at fault, a rear-end accident lawyer in Oceanside can prepare strategies to address this in court. If you’re concerned about the other party blaming you for causing the rear-end collision, hiring the right lawyer puts you in the best position to respond to this.
What evidence should I collect after a rear-end collision?
Gathering photos and videos at the scene of the accident is extremely helpful for filing your insurance claim and communicating with a personal injury lawyer. Statements from eyewitnesses and a copy of your police report may also be essential for showing how the accident happened.
Keep track of other pertinent details related to your case, such as medical records and your own notes about how the accident harmed your daily life. This information may all become the basis of a rear-end accident claim.
What if I sustain permanent or long-lasting injuries?
A rear-end accident may cause minor injuries from which you can recover in a short period of time. Unfortunately, for many people, these injuries may be catastrophic or even permanent.
You may need physical therapy, medical aids, or adjustments to your home. If you were involved in a physical job prior to the accident, you may be unable to return to that role. Your accident lawyer in Oceanside can help you determine your estimated future medical expenses to include these in your personal injury claim.
Hire a Rear-End Collision Lawyer in Oceanside
You’re not on your own when it comes to fighting for justice in court. Contact an experienced attorney who knows common challenges in these cases. Speak to a professional at the Sargent Law Firm Injury Lawyers today.
