Rear-end collisions are the most common type of motor vehicle accident in Florida. As the term implies, a rear-end crash occurs when one motorist drives into the back of another person’s vehicle. Most of these accidents are caused by distracted and speeding drivers who aren’t paying attention to road conditions. Unfortunately, distracted driving is responsible for most rear-end collisions, a statistic that increases each year due to the prevalence of in-vehicle technology.
Unfortunately, there are a few common and dangerous misconceptions surrounding rear-end collisions. To help you separate fact from fiction, the car accident lawyers at Lauri J. Goldstein & Associates, PLLC have compiled the following summary of information.
Misconception #1: Rear-End Accident Injuries Aren’t Serious
Many people mistakenly associate rear-end crashes with minor to moderate vehicle damage and exaggerated whiplash symptoms. Where did this popular misconception come from? Insurance companies. An insurance company runs and functions like any other money-making business, and the average claims adjuster is willing to engage in questionable tactics just to save their employer from a costly settlement. Over time, this misguided opinion spread to become part of America’s social consciousness.
In truth, there is no such thing as a “minor” car accident. A rear-end collision, by nature, leaves vehicle occupants vulnerable to neck, head, spine, and shoulder injuries. If a survivor sustains a catastrophic injury, they may not be able to hold gainful employment or pay the full-sum of their medical bills.
A rear-end crash survivor can sustain the following injuries:
- Traumatic brain injuries (TBI)
- Concussions and contusions
- Head injuries
- Spinal cord injuries
- Neck injuries
- Facial disfigurement
- Airbag injuries
- Seatbelt injuries
Misconception #2: Fault Is a Foregone Conclusion
Another common misconception is that fault is automatically attributed to the rear-ending driver. For example, a driver can’t be held liable if another party unsafely merges into their lane, reverses carelessly, or completes an illegal maneuver. For this reason, both drivers involved in a collision need to take pictures of the vehicles, weather conditions, nearby structures, traffic conditions, and their injuries.
A defendant can be held legally accountable for the following actions:
- Failing to slow down or stop a vehicle.
- Failing to maintain control of a vehicle.
- Failing to operate the vehicle at a reasonable speed.
- Failing to pay attention to traffic and road conditions.
- Failing to follow another driver at a safe distance.
- Failing to yield the right of way.
Misconception #3: The Injured Driver Always Receives Compensation
Personal injury is an incredibly nuanced legal field, and several factors can influence the outcome of a plaintiff’s case. To obtain a favorable settlement or verdict, you need to retain legal representation that can investigate your case, represent your interests, and skillfully negotiate with claims adjusters.
Your attorney needs to prove 4 facts to secure compensation on your behalf:
- The at-fault driver owed you a duty of care.
- The at-fault driver breached this duty while operating a vehicle.
- The at-fault driver’s act of negligent resulted in a rear-end crash.
- You, the plaintiff, consequently suffered bodily harm and/or financial losses.
Do You Require Legal Representation After a Rear-End Accident?
Contact the car accident attorneys at Lauri J. Goldstein & Associates, PLLC if you require legal representation or guidance after a rear-end collision. Our client-driven legal team can investigate the accident and collect evidence that proves the negligent parties are responsible for your injuries and monetary losses. If the defendant’s insurer refuses to negotiate, we have no issues taking your case to court.
Call Lauri J. Goldstein & Associates, PLLC at (866) 675-4427 to discuss your case with an experienced car accident lawyer.