Rear-end collisions are among the most common types of automobile collisions. The resulting injuries from a rear-end collision depend on the speed and size of the vehicles involved. That being said, these injuries, whether they are minor or severe, have real-life effects on the victims and their loved ones.
Victims of rear-end collisions caused by someone else’s negligence are legally entitled to be compensated for their injuries. For over 30 years, the award-winning attorneys at Portner & Shure, P.A. have been obtaining compensation for rear-end collision victims in Maryland, Virginia, and Washington, D.C. Continue reading to learn more about these types of accidents, or contact us today for a free, no-obligation consultation!
Causes of Rear-End Collisions
All automobile drivers owe a duty of care to operate their vehicles in a safe and reasonable manner. Additionally, various motor vehicle laws codified this duty. In the vast majority of cases, rear-end collisions occur because the rear driver breached this duty.
Stated more clearly, rear-end collisions frequently occur as a result of the following negligent and/or unlawful driving behaviors:
- Tailgating
- Distracted driving
- Speeding
- Reckless driving
In any case, most rear-end collisions have one thing in common: they could have been prevented had the at-fault driver paid full attention to their surroundings.
Common Injuries & Damages Arising from Rear-End Collisions
A rear-end collision can result in a range of injuries. These injuries often include:
- Whiplash
- Back injuries
- Spinal cord injuries
- Head and brain injuries
- Fractures
- Neck injuries
- Leg and knee injuries
- Ankle and feet injuries
- Soft tissue damage
A high-speed collision may result in more severe injuries, such as brain injuries, spinal cord injuries, and broken bones.
In any case, in Maryland, Virginia, and Washington, D.C., injured victims are allowed to make claims for both economic and non-economic damages. While economic damages are those that include damages with a quantifiable financial cost, such as medical bills and lost wages, non-economic damages are more intangible in nature. Non-economic damages include things like pain and suffering, emotional distress, and trauma as a result of the accident.
Common Defenses in Rear-End Collision Cases
Insurance companies have a duty to defend the people they insure. Accordingly, when making a claim with an insurance company or when filing a lawsuit in court, the person bringing the claim has the burden of proof. Stated more clearly, a rear-end collision victim has to prove that the other driver caused the collision.
Often, insurance companies deny and defend claims for a variety of reasons. Most commonly, insurance companies will argue that the front driver was somehow at fault for the accident.
They may use the following arguments:
- The front driver braked suddenly
- The front driver made an illegal turn
- The front driver made an unsafe or unlawful lane change
Maryland and Virginia continue to adhere to the common law defense of contributory negligence. Under this defense, if a victim is found to have contributed even 1% to an accident, they are completely barred from recovering anything. Insurance companies will often try to argue that the victim was partially at fault in order to avoid having to pay out claims. In order to fight back, it’s important that you work with an experienced car accident attorney.
Why Hire Portner & Shure, P.A.?
The rear-end accident attorneys at Portner & Shure, P.A. represent and advocate on behalf of severely injured individuals and families affected by others’ negligence. As experienced litigators, our skilled Maryland car accident and Virginia injury attorneys obtain favorable results in 98% of all the accident cases we take. Portner & Shure, P.A. receives no fee unless our client obtains a settlement or judgement in court.
Contact us todayto learn more about how we can assist you with your rear-end accident claim.