Rear-end collisions are unfortunately very common in Temecula and throughout California. If you have been injured in a rear-end accident, it is important to understand your legal rights and options. The experienced rear-end accident lawyers at Zucker Personal Injury & Accident Lawyers are here to help. Call us today at (951) 699-2100 for a free consultation.
California Laws Related to Rear-End Crashes
There are two main California laws that come into play when determining liability and fault in a Temecula rear-end collision:
California’s Basic Speed Law (California Vehicle Code Section 22350)
This law states that drivers must not operate their vehicle at a speed greater than what is reasonable or prudent based on current traffic, road, and weather conditions. Even if a driver travels at or under the posted speed limit, it may still be a violation if they are driving too fast for the conditions at the time.
Rear-end crashes often occur because the rear driver fails to slow down appropriately as traffic slows or stops ahead. If the rear driver does not reduce speed along with the flow of traffic, they may collide into the vehicle in front of them. The rear driver would likely be found in violation of California’s Basic Speed Law in this scenario.
Following Too Closely (California Vehicle Code Section 21703)
This law makes it illegal for drivers to follow other vehicles more closely than what is reasonable and prudent. Traffic experts generally recommend a “three-second rule” for following safely: there should be a three-second distance between you and the vehicle in front of you.
When drivers follow too closely behind another vehicle, they increase the risk of collision if the front driver suddenly brakes or slows down. The vast majority of rear-end crashes are caused by the rear driver violating this law by tailgating the front vehicle.
Common Causes of Rear-End Collisions
There are a few common causes and behaviors that frequently lead to rear-end crashes in Temecula:
- Distracted driving – Activities like texting, talking on the phone, adjusting music, eating, or attending to children can divert the rear driver’s attention away from the road and the vehicle in front. Even a few seconds of distraction can be disastrous if traffic ahead slows suddenly.
- Tailgating – As mentioned above, following too closely behind the front vehicle makes it nearly impossible to stop in time if they brake suddenly. Tailgating is reckless and drastically raises the chances of a rear-end collision.
- Speeding – Excessive speed reduces a driver’s ability to stop quickly and increases the force of impact if they do collide with the vehicle ahead. Speeding combined with tailgating is an extremely dangerous and negligent combination.
- Impaired driving – Intoxicated drivers have delayed reaction times and impaired coordination, judgment, and depth perception. Their inability to respond to changing traffic conditions makes them much more likely to cause rear-end crashes.
Proving Fault in a Temecula Rear-End Collision
While the rear driver is usually considered to be predominantly at fault for a rear-end crash, fault can sometimes be a complex issue. Situations where the front driver may share some liability include:
- Making an unsafe lane change or turn in front of oncoming traffic
- Braking suddenly and unexpectedly for no good reason
- Driving at night without properly functioning tail lights or brake lights
- Partially obstructing their brake lights with items in the back seat or cargo area.
An experienced Temecula rear-end accident lawyer can help conduct a thorough investigation and gather evidence to prove fault rests fully with the rear driver. Police reports, witness statements, video footage, data from the vehicle’s computers, and crash reconstruction analysis are all potential evidence sources. Proving the negligent driver’s fault is the first step toward recovering the compensation you deserve for your injuries and other losses.
Common Rear-End Collision Injuries
Even relatively minor rear-end crashes can cause significant injuries, including:
- Whiplash – Whiplash and other neck injuries are very common, caused by the head being rapidly thrown back and forth. Whiplash symptoms range from mild muscle strains to herniated discs and nerve damage requiring surgery.
- Back injuries – The impact can damage muscles, tendons, and discs in the spinal column. Injuries may appear mild initially but worsen over time.
- Traumatic brain injuries (TBIs) – TBIs occur when the brain impacts the inside of the skull. Effects can include headaches, dizziness, confusion, blurred vision, and loss of consciousness.
- Broken bones – Fractures most often occur in the spine, ribs, arms, wrists, and legs during rear impacts. These injuries are extremely painful and often require surgery.
Any unusual symptoms after a rear-end collision should be evaluated by a medical professional as soon as possible. Delaying treatment can cause injuries to become worse.
The Rear-End Accident Claims Process
If you are injured in a Temecula rear-end crash, here are the basic steps in the insurance claims process:
- Seek medical attention – This creates a record of your injuries and treatment while also diagnosing potentially serious conditions.
- Report the crash to police – The police report contains important evidence and supports your version of how the crash occurred.
- Document the scene – Take photos of damage, skid marks, debris, road conditions, and any traffic signs or signals. Document witness names and contact info.
- Contact insurance companies – Notify your insurer and the at-fault driver’s insurer. Provide basic details of the crash and your injuries. Ask how to proceed with an injury claim.
- Keep detailed records – Maintain records of all medical expenses, lost wages, property damage, and other losses stemming from the crash. Also keep a journal documenting how the injuries impact your daily activities.
- Negotiate your claim – The insurance company will investigate liability and evaluate your losses. An experienced lawyer can handle negotiations and fight for full compensation if the insurer disputes damages or denies valid claims.
- Consider a lawsuit – If the at-fault driver’s insurance settlement offer seems unreasonable, filing a personal injury lawsuit may help you recover greater damages.
Having a knowledgeable Temecula rear-end accident lawyer on your side levels the playing field against big insurance carriers and helps you get the maximum compensation you are owed.
Damages Available in Rear-End Injury Claims
If you are injured by a negligent driver in a rear-end crash, you may be entitled to the following categories of damages:
- Past and future medical expenses – These can include doctor visits, hospitalization, surgery, physical therapy, medication, assistive devices like wheelchairs or braces, and other medical costs directly tied to the crash injuries. If injuries persist and require ongoing treatment, future costs must be estimated.
- Lost income – Income lost due to missing work during recovery is reimbursable. Estimated future lost wages may also be awarded if disabilities from the crash affect earning capacity in the longer term.
- Property damage – This encompasses repair or replacement costs for damage to your vehicle or other personal property.
- Pain and suffering – You may receive monetary compensation for physical pain and emotional distress stemming from crash injuries. It is typically calculated based on injury severity and length.
- Loss of enjoyment of life – You can seek damages if your injuries negatively impact participation in activities that previously brought pleasure, such as sports, exercise, and hobbies.
- Punitive damages – If gross negligence or intentional misconduct by the rear driver directly caused the collision, you may be awarded additional punitive damages meant to punish the at-fault party.
The exact value of a rear-end injury claim depends on many case specifics, evaluated by an attorney experienced in such cases.
Why Hire a Lawyer For a Rear-End Crash?
Trying to handle a rear-end accident claim without legal representation puts you at a major disadvantage, especially when negotiating with aggressive insurance company claims adjusters. Benefits of hiring a lawyer specializing in auto accident injury cases include:
- Maximizing compensation – Our rear-end car accident attorneys at the Zucker Law Firm are experienced negotiators who know how to value injury claims. We look at verdicts and settlements in comparable cases involving similar crash dynamics, injuries, and more.
- Leveling the playing field – Going up against billion-dollar insurance carriers on your own is extremely challenging. Our attorneys have the resources and litigation experience to advocate effectively for injured claimants like you.
- Navigating legal complexities – The claims process has many complex steps involving insurance policies, state laws, negotiating tactics, and potential lawsuits. Lawyers handle these details efficiently.
- Saving time – You can focus on recovery while attorneys conduct the demanding legal and investigative work required to prove fault and damages.
Why Choose Zucker Personal Injury & Accident Lawyers for Your Rear-End Collision Case
Rear-end crashes may seem straightforward, but securing fair compensation is anything but easy. It’s crucial to have a trusted Temecula auto accident injury attorney fighting for your best interests.
If you or someone you love has been injured in a Temecula rear-end accident, the experienced rear-end crash accident personal injury attorneys at Zucker Personal Injury & Accident Lawyers can help. Call us today at (951) 699-2100 for a free consultation. We have an extensive track record of success securing just compensation for clients injured or killed due to rear end collisions.
