Rear-end collision are among the most common types of accident I see in my work as a car accident lawyer in Virginia.
In this video, I explain how they can often be fender benders that result in little or no injury. In these cases, you are unlikely to require the services of a Virginia personal injury lawyer.
However, rear-end accidents can be very serious and lead to broken bones, neck or back injuries such as herniated disks or head injuries. Often drivers or their passengers are hurt at an intersection when they are hit by a red light runner.
If you are injured, you should immediately seek medical attention and then consider hiring a personal injury lawyer before you talk to an insurance company. You should also gather what evidence you can at the accident scene.
There is a fairly well-known presumption that rear-end car accidents are always the fault of the driver who hit the car in front. This is not always the case. A car may pull out suddenly and unexpectedly in front of you, causing you to hit it.
Negligence is an important term that lawyers use when they consider car, truck and motorcycle accidents. You are considered to be negligent if your actions fall short of what a reasonable person would or would not have done under the circumstances that resulted in an accident.
Drivers can breach their duty of reasonable care that they owe to other road users in a number of ways; for example, by:
Failing to notice the conditions around them and the hazards;
failing to slow down and stop within a reasonable time;
Not stopping for a red light;
Failing to stick to speed limits or to drive at speeds that are appropriate for conditions;
failing to maintain proper control of your vehicle;
failing to yield the right of way to other drivers;
failing to use your signals;
tailgating and hitting another vehicle from behind.
The driver of the car that rear-ends a leading vehicle will usually be considered at least partially negligent for causing the accident. Of course, in Virginia and North Carolina even if you are one percent to blame for an accident, you may not be able to make a recovery under the unfair concept of contributory negligence.
Every driver has a duty to follow other vehicles at a safe distance. If you are driving too closely behind another car, it may stop suddenly to avoid a hazard, another car, a pedestrian or a cyclist. The car may get a flat tire, or a brake light might not work. It may stop to make a turn. You are expected to keep enough distance between you and the car in front of you to prevent a wreck if an unanticipated stop becomes necessary.
If you have been injured in rear-end collision you may have grounds to file a claim against the insurance company of the driver who hit you. Call us at Cooper Hurley Injury Lawyers for a free consultation at 757.455.0077.