Copyright © 2020 Charles E. Boyk Law Offices, LLC. All rights reserved. Reproduced with Permission.
A rear-end collision occurs when one driver is stationary or moving forward and is hit in the rear of their car by the vehicle behind them. It is not a rear-end collision when a person backs up and hits another car.
Recovering from a rear-end collision can be extensive and expensive. However, you may be entitled to damages following your accident. If you have been in an accident, you should contact a Toledo rear-end collision lawyer right away to begin your claim. An experienced car accident attorney can work hard to help you pursue deserved compensation.
Common causes surrounding rear-end collision accidents include when someone is stopped at a light or is in a long line of traffic and the individual behind them is going too fast for the circumstances, is texting, or is not paying attention and hits them in the rear.
Another cause is a three-two-one accident where one individual rear-ends the vehicle in front of them and that individual then rear-ends the vehicle in front of them. The chain reaction could continue to involve other vehicles depending on how fast and how close the other vehicles are.
There are other rear-end accidents where vehicles are driving down the road and somebody gets too close and rear-ends a vehicle in front of them. There are multiple possibilities for rear-end automobile accidents.
A Toledo rear-end collision attorney can argue that the person who rear-ends another individual is 100 percent at fault because of the legal concept of assured clear distance, meaning the vehicle behind has a duty to maintain an assured clear distance behind the vehicle in front of them so they can safely stop. There are cases where somebody makes a sudden stop in front of the car that hits them and juries assigned comparative negligence to the person who stopped suddenly.
When one vehicle stops for a good reason, meaning somebody stopped in front of them or there is a police siren or a fire truck siren, there is usually no comparative negligence on the individual who stopped suddenly.
If somebody is driving 45 miles an hour and slams on their brakes for no reason, insurance companies and juries would assign blame to the individual who stopped suddenly for no reason. It is logical to assume that they contributed at least a certain percentage under comparative negligence for the accident.
Contributory negligence is a situation where if there is a percentage of contributory negligence, the individual is denied the right to make a claim in a contributory negligence state, which is not the law in Ohio. The law in Ohio specifies that damages are reduced per the claimant’s degree of fault. For example, if an individual is 30 percent at fault, then whatever applicable damages there are, an individual would recover 70 percent of those damages.
A rear-end collision lawyer in Toledo uses witness testimonies; client testimony, police officers, property damage, photos, and videos to establish liability in rear-end collision cases. The lawyer may use an accident reconstructionist such as a mechanical engineer or somebody with training who qualifies as an expert to re-create the crash.
It is important that a person contacts a Toledo rear-end collision accident lawyer soon after a car crash to preserve the evidence, understand their legal rights, and understand the whole process. Many people do not understand what they can recover from automobile accidents. Sometimes, an injured person waits to see if their pain gets better. They do not understand that they are devaluing their case. If an individual is hurt, it is logical to assume that a reasonable person will get medical treatment.
Often, people have extremely serious injuries and do not even realize that they have serious injuries. People who were unconscious after the accident may have a traumatic brain injury or concussion and have a variety of symptoms.
A person needs to recognize the correct injuries and make sure they see the appropriate specialist. Sooner is better. It is the same thing as going to a doctor for preventive medicine. There are precautionary actions a person can take to make sure they are not ripped off by the insurance company. Having an experienced accident attorney’s help is a good first step in a case.
Charles E. Boyk Law Offices, LLC