San Diego Rear-End Collision Accident Lawyer
Rear-end collisions do not come with a warning sign. There is no time to address the accident threat and move to safety as you don’t know when a vehicle will hit you from the back or suddenly stop in front of you. According to the Highway Safety report by the Insurance Information Institute (III), 2,428 people lost their lives to fatal rear-end car accidents in 2020. The data is heartbreaking to reflect on how frequently such accidents happen on our roads. As per National Transportation Safety Board(NTSB), approximately 2.5 million rear-end crashes are reported annually across the US.
The statistics for rear-end collisions are no better in San Diego Country as well. The NHTSA’s Fatality Analysis Reporting System (FARS) recorded 5 fatal accidents out of a total of 18 rear collisions in the county in 2019. If you or your loved one suffered from a rear-end accident, you need the assistance of an expert accident lawyer to gather solid evidence to prove your liability.
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What Is Considered A Rear-End Collision Accident?
When a vehicle crashes head-first with the rear-end (behind) of the vehicle in the front, it is termed a rear-end collision. The vehicle in the back impacts a certain level of force on the vehicle in the front, which causes harm to occupants of the drivers and passengers of both vehicles.
If the road is heavy in traffic, multiple nearby vehicles may also be affected by the collision. For instance, during a rear-end collision between two vehicles, the incoming cars from the back may also suddenly strike the accident scene because of how suddenly the collisions happen. In such cases, there is little to no time to react or save oneself.
Most Common Causes of Rear-End Collision
Based on past rear-end accidents reports, here are some common causes of such accidents in San Diego:
- Excessive speeding
- Distracted driving (texting and driving)
- Driving under the influence(DUI)
- Tiredness or fatigue
- Heavy traffic
- Defect in the vehicle
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Common Injuries In Rear-End Collisions
More often, in rear-end crashes, injuries are caused when the car in the front experiences a forceful impact from its behind. As for the car in the back, the driver, or the passenger, is pushed forward as it forcefully strikes.
Here are some common injuries sustained by rear-end collision victims:
- Head injuries
- Traumatic Brain Injuries (TBIs)
- Neck and shoulders injuries
- Whiplash injuries
- Spinal cord injuries
- Broken bones (Skull, spinal cord, legs, forearms)
- Muscle injuries.
Who Is At Fault In A Rear-End Collision?
In rear-end collisions, the fault depends on the type of accident. We have imprinted some common accident scenarios that come under rear-end car crashes.
- Suppose car A is speeding or the driver is distracted and suddenly crashes with car B in the front. Car B was constantly driving within the speed limit when it was hit. In that case, the driver of car A is at fault.
- In another scenario, suppose car A is driving within all the traffic conditions and staying under the speed limit. When car B, in the front, suddenly hits the brakes and stops. Car A has no time to save itself or hit the brakes and crashes with car B. Since car B suddenly stopped, the driver is responsible for their negligence of stopping in the middle of moving traffic.
- Adding to the scenario in no. 2, if car B is stopped by the sudden appearance of another car C from a driveway or parking on the right side of the road, driver C holds a certain level of partial or complete fault for not looking around when entering moving traffic. If a pedestrian crosses the road without a crosswalk when car B has to stop, the pedestrian may carry the fault. At the same time, if it were an animal, the fault investigation would be more complex.
California Vehicle Code For Rear-End Collision
The California Vehicle Code section 21703, from the California Legislative Information archives, states that:
"The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicle and the traffic upon, and the condition of, the roadway."
It implies that a motor vehicle is not allowed to follow another vehicle at the front too closely. At the same time, they must maintain their speed based on the traffic condition and the road conditions to prevent collisions.
What Damages & Compensation Can Be Recovered In Rear-End Collisions?
In San Diego, a personal injury claim compensation is given for three types of damage compensations.
1. Economic Damages
Economic damage compensation is meant to cover direct expenses that you had to initially pay out of your pocket for direct outcomes of the accident. For example, your medical expenses, cost of medication, property repair expenses, lost wages at work, therapy, etc. In most cases of rear-end damages, both the parties suffer from property damage and mid to severe injury. Depending on the division of fault, severity of injury, or the extent of damage, economic damage is calculated.
2. Non-economic Damages
The injuries you incurred may have come with more damages like intensive or long term pain, degradation in your quality of life, or temporary or permanent loss of doing things you enjoyed. These losses cannot be limited to a certain price. The non-economic damage compensation intends to balance out the loss with a different kind of gain, that is financial ease. Based on the severity of your loss, such compensations are provided to you.
The total amount of economic damage that you are to receive is multiplied by a number between 1.5 to 5 (based on the level of damage) to determine the non-economic damage compensation.
3. Punitive Damage
If the defendant driver is guilty of negligence and intentional tort in the rear-end collision accident, the court charges them with punitive damage compensation. It is not meant to cover for any kind of loss of the victim. Rather, it is a form of punishment when a driver has the option to prevent the accident but they choose to put you in danger while committing their actions.
Contact Top Rated San Diego Rear-End Collision Lawyer
Oftentimes, proving a driver’s guilt in a rear-end collision is more complicated as it is hard to differentiate yours and their standpoint in the accident. We have witnessed insurance companies take advantage of limited evidence by making the victims believe that they were partly responsible and offering them a lesser compensation amount than what they really deserve. Having a rear-end collision accident lawyer can completely transform how your personal injury case proceeds.
Shamon Law has a team of expert attorneys with experiences in winning car accidents cases related to rear end collisions. We have a wide spread expertise contact in many fields and resources to help you gather strong evidence. Once you reach out to us, we care for your case like it’s our own. Contact us today at +1 619 458-3539 and we will review your accident case, sit down with you to explain your rights, and help you through and through to investigate the case and win a deserving amount.
