Usually, the driver in the back receives the ticket in a rear end accident, but the outcome will depend on the facts. The driver in the back sometimes is not at fault in a rear end accident.
Let’s say that the driver in front had a pet in the car. When the animal jumped onto the floor between the driver’s feet, he slammed on the brakes suddenly. The driver in the back had no reason to anticipate this action. The driver in front might get charged with the crash.
The police officer might ticket both drivers, giving the driver in the back a ticket for following too closely. Drivers are supposed to keep a safe following distance between vehicles. Even if law enforcement does not issue a citation to the other driver, the driver might be liable for your injuries.
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The Elements of Liability in a Rear End Accident
Legal liability has four factors. We must prove all four elements to hold the other driver responsible for the harm you sustained in the collision.
- Duty of care: Every person who operates a motor vehicle on public streets has a duty to drive safely.
- Breach of duty: It is negligence when someone’s actions do not measure up to the legal duty of care. For instance, a driver was reading a text message and did not notice that the traffic ahead had stopped for road construction. Failure to devote one’s full attention to the road is negligence.
- Causation: The negligence must be the thing that causes the crash. If the driver rear-ended another vehicle because he was texting while behind the wheel, the facts satisfy the causation requirement.
- Quantifiable damages: You must have measurable losses as a result of the crash to go after money damages. Physical injury is a quantifiable loss.
We can go after compensation if we can prove all four factors of liability of the at-fault driver who hit you from behind.
Damages in Rear End Accidents
Every case is unique, so we cannot say how much compensation you will recover. The amount of money for your damages will depend on the facts of your case. Your damages can be a different amount than another person who was in your car.
Here are some examples of the types of damages we have won for our clients:
- Lost wages: Your claim can include wages, salary, self-employment, and other forms of income that you did not get paid because of the accident and your injuries.
- Medical expenses: You can seek to recover the reasonable cost of medical treatment that you needed for your injuries.
- Decreased earning capacity: You can go after compensation if you can no longer make as much money as before because of the harm you suffered.
- Intangible losses: You might be able to include pain and suffering, disfigurement, post-traumatic stress disorder (PTSD), and other intangible harm.
These are but a few of the categories of damages that could be available, depending on what happened in your situation.
How a Lawyer Can Help With Your Rear End Accident
At the Law Offices of Anidjar & Levine, we take pride in the fact that we deliver responsive legal care to our clients. We go the extra mile to make sure that you get all the compensation that you deserve.