Rear-End Crashes: a Preventable Accident
Rear-end collisions are often referred to as minor accidents or “fender benders.” However, according to the National Transportation Safety Board (NTSB), they result in approximately 500,000 injuries and 1,700 deaths each year. Rear-end crashes are very often the result of “preventable negligence,” and the at-fault driver is usually the one in the rear. Although rear-end car crashes usually occur in slow-moving city traffic, they can happen anywhere and at any time.
Causes of Rear-End Collisions
- A reckless motorist. When motorists speed, display road rage, or otherwise violate the rules of the road, they put themselves and all other drivers at risk. Since higher rates of travel correlate with long braking distances, drivers exceeding posted speed limits may not be able to brake in time to avoid an unexpected obstacle.
- A distracted driver. Researchers have found that distracted driving is as unsafe as drunk driving. When people take their attention away from the road, whether to change radio stations or send a text message, they may fail to notice traffic issues ahead.
- An intoxicated operator. While drunk driving deaths are on the decline, driving under the influence remains one of the leading causes of preventable injury and death in the United States. Under most circumstances, an intoxicated motorist could be held liable for the costs of any resulting accident and injuries.
- A tired driver. Fatigued driving has been termed a silent epidemic. Studies have shown that fatigue is involved in up to 20% of all motor vehicle accidents.
- A mechanical failure. Mechanical failures, which could include faulty brakes, bald tires, or defective suspension systems, may impair a motorist’s ability to avert an accident. While many mechanical failures are the result of poor maintenance, others could be caused by manufacturer error and oversights.
Establishing Liability After a Rear-End Collision
Virginia law affords accident victims the right to file a claim for compensation against an at-fault motorist. However, securing a fair settlement after a rear-end collision could prove difficult—especially if the other driver, or their insurance company, tries to convince the court that your own negligence caused or contributed to the accident.
Since insurance companies are fundamentally for-profit enterprises, they will often seize any opportunity to reduce their financial liability. In many cases, they will use whatever means necessary to deny or delay compensation.
How Your Car Accident Attorney Can Help Prove Liability
- Analyzing physical evidence from the crash site, including photographs of the damage to both vehicles as well as pictures of your physical injuries
- Subpoenaing surveillance camera footage from nearby businesses and traffic safety systems
- Inspecting the at-fault motorist’s text message history, phone records, and recent financial transactions
- Interviewing potential eyewitnesses whose testimony could prove critical in insurance negotiations or in a jury trial
Depending on the circumstances of your Virginia rear-end collision, you could be entitled to file a claim against:
- The at-fault motorist
- The at-fault motorist’s insurance company
- A negligent business such as a semi-truck company or maintenance contractor
- A government agency
- A vehicle maker or automotive parts manufacturer
Your Potential Damages After a Virginia Car Crash
The Law Firm of Kearney, Freeman, Fogarty & Joshi, PLLC is committed to defending the rights of Virginia automobile accident victims. We have successfully litigated high-profile collision cases, including:
- Securing an $80,000 jury verdict for a motorist injured in a rear-end car crash
- Obtaining $200,000 for a Virginia driver who developed degenerate disc disease after being injured in a collision
- Winning a $475,000 settlement after a semi-truck driver struck another vehicle from behind
Since Virginia law does not cap the compensation an accident victim can receive from a rear-end collision personal injury lawsuit, you could receive as much money as you need to begin the difficult task of reclaiming your independence and rebuilding your life.
However, you have to act fast. If you wait too long to take action, Virginia’s strict statute of limitations could preclude you from filing a claim. If the statute of limitations lapses, the court could automatically dismiss your lawsuit without further consideration.
Contact Us Today
A rear-end collision could have life-changing consequences. At Kearney, Freeman, Fogarty & Joshi, PLLC, we advocate for our clients and know what it takes to overcome a vigorous defense. Please send us a message online, or call us at 877-652-1553 to schedule your free, no-obligation consultation as soon as possible.