After a car accident, you likely have a thousand questions running through your mind. Who’s actually responsible for the accident? How will the insurance company determine fault? The best way to handle your rear ended collision settlement is to hire a Phoenix car accident attorney. Even if you were in a non-injury car accident, it’s never a bad idea to consult with a lawyer. At Ybarra Maldonado Law Group, we handle hundreds of personal injury cases each year, and we can’t wait to speak with you about yours. To schedule a free consultation with one of our experienced attorneys, please call 602-910-4040 today.
When is a Rear End Collision Not Your Fault?
It’s almost never your responsibility if someone hits you from behind, regardless of why you stopped. A motorist must have the ability to safely stop his or her car if traffic is halted ahead of them, according to a basic regulation of the road. A driver who cannot safely stop is not driving as safely as the driver in front of him.
The vehicle damage frequently demonstrates how the accident happened: if one car’s front end is destroyed and the other’s back end is similarly damaged, there can’t be much debate about who impacted whom. Of course, the driver of the car that hit you could have a claim against someone who prompted you to brake unexpectedly or a third automobile that slammed into yours, but it doesn’t absolve him or her of responsibility for your injuries and vehicle damage.
Keep in mind, though, that even if you suffered a rear end collision, the concept of “comparative negligence” still limits your compensation in some cases. When one or both of your brake or tail lights were out, for example, especially if the collision occurred at night, this is a typical occurrence. Another example would be if you had mechanical issues but did not do everything possible to get the car off the road.
In a 3 Car Accident, Who Pays?
Accidents involving numerous vehicles may be perplexing, not only for the drivers but also for the investigators. It’s critical to determine who is to blame, just as it is in any accident. To put it another way, who pays in a three-car accident? A motorist is only financially liable for another driver’s injuries up to their proportion of responsibility under Arizona’s comparative fault law. In a three-car collision, if the driver’s proportion of blame for the accident is higher than or equal to 50%, they will be the one to pay. Anyone with a fault rate of less than 50% will be eligible for reimbursement.
How to Determine Fault
The chain-reaction accident is the most common form of multi-car collision, in which a rear driver collides with the back end of another vehicle, which then collides with the vehicle in front of it. Below, we list the factors which help determine the cause in a rear ended collision settlement.
- Rear car: For example, the back vehicle, which is usually the first to collide with another car, is usually to blame. However, if the other drivers were at fault, blame may not always be so apparent.
- Middle or front car: The back car, for example, may argue that the motorist in front of them was driving recklessly or abruptly stopped, in which case the middle or front driver would be held responsible. If the automobile behind them did not have enough time to respond to the accident between the front car and the middle car, the middle car might be held responsible.
- Hit and run: Accidents are sometimes triggered by a car that makes an improper lane shift or cuts off another motorist who doesn’t have enough time to respond. In certain situations, the back automobile may argue that a phantom fourth car collided with their vehicle, causing the collision. Officials occasionally use basic investigation tactics to disprove this, although it considerably complicates the case.
- Vehicle malfunction: In other situations, the accident was caused by a vehicle defect. If a vehicle or one of its parts fails, it may cause an accident for which the driver is not at fault. The business that created the car part would thus be liable to all parties.
What Happens to Your Body in a Rear End Collision?
Even while a T-bone collision or a front-end collision might be catastrophic, a rear-end collision can be equally deadly. A rear-end accident can result in severe injuries such as whiplash, fractured bones, and traumatic brain damage. In these collisions, the body goes through a lot, with high speeds causing the most serious injury.
One of the most prevalent types of automobile accidents is rear-end collisions. Your car and your body absorb the impacting vehicle’s momentum. In most situations, the more energy you take, the more wounded you will get.
On contact, your body will spring forward and then smash back into your seat. Your head, neck, shoulders, spine, and even lower body might suffer significant damage as a result of this. The seat belt will restrict your body, which will keep you from flying out of the windshield, but the energy will be enough to break your ribs. Airbags function in a similar fashion, except that the force passes to your face and neck, potentially causing brain trauma, eye trauma, and even spinal cord injury.
What is the Average Rear Ended Collision Settlement?
Determining an average amount for a rear ended collision settlement isn’t the way attorneys will approach your case. Rather, they will focus on what damages they can get for you. While using other cases as references, they include many types of damages when attempting to craft a fair settlement agreement. Below, we list certain types of damages that your settlement will take into account.
- Property damage: This covers any damage to your car or personal belongings. Ensure that a licensed specialist inspects and documents both visible external problems (bumper, windshield, etc.) and any concealed internal issues for your car (framework, electrical, or component damage). Request a copy of the bill for the repairs to your car from the business that performed the work. Because it’ll be the same bill they’ll submit to the insurance company, it should be simple to get.
- Medical expenses: The quantity of your medical costs is one of the most important variables in calculating the amount of your rear end collision settlement. This is because more serious injuries usually correlate with higher medical costs. Your compensation sum will be larger if your injuries are serious.
We also have a related blog about the average settlement for car accident back injury cases. We highly recommend reading it over if you were involved in a car accident that resulted in a back injury, as settlement amounts can vary greatly depending on the injuries suffered.
How Long Does a Rear End Collision Settlement Take?
The majority of the time, we determine settlements by the severity of your injury and the quantity of accessible insurance policy limitations. If you sustained serious injuries and your insurance limits are low, you will most likely receive a speedier settlement. This is because the insurance company is under pressure to pay in places like Arizona. The insurance company may owe more than the policy limitations if it does not pay when it might and should. Insurance companies dislike paying out more than the policy limitations.
You may be able to receive a settlement in as little as one or two months. This is the case if your injuries are worth more than the insurance limitations. You must make certain that you understand how much you may owe your medical providers and/or health insurance company. The time it takes to figure this out might add to the length of any settlement. If you have a minor injury and the available insurance policy limits are large, however, the case will often take longer to resolve. In this case, you’ll probably have to wait until your medical treatment concludes before settling.
Contact Ybarra Maldonado Law Group Today
If you or a loved one suffered a rear ended collision, it’s time to let a personal injury attorney fight on your behalf. Leave behind the complicated paperwork and frustrating phone calls. Contact the experienced attorneys at Ybarra Maldonado Law Group for your rear ended collision settlement. To schedule a free consultation with a qualified attorney, please call our office at 602-910-4040 today.