Rear-end accidents can take a huge toll on your body, mind, and finances, but you have the right to seek legal advice and pursue compensation for your injuries. Yet, the amount of compensation you could receive may vary. For example, the Insurance Information Institute reports that the average payout in 2021 for bodily injury claims was $22,734.
However, Judd Shaw Injury Law’s attorneys secured $296,906 for one client in a rear-end accident that caused severe spinal injuries. So don’t delay – talk to our compassionate legal team. We aim to be knights in shining armor for our clients, battling the insurance bullies to secure the compensation you need to get your life back on track.
Schedule a free consultation about your rear-end accident with one of our qualified car accident lawyers. Call us today at (886) 909-6894 or fill out our contact form, and one of our team will get back to you soon.
Let’s explore what factors are involved in calculating how much your rear-end accident is worth.
How Rear-End Accident Cases Work
With car accidents, the driver at fault usually has to pay damages to the other party for causing the collision through negligence. In rear-end accident cases, the driver in the rear is usually the negligent party because he or she failed to leave sufficient time to brake and avoid the collision.
Depending on the circumstances of the accident, you may be able to claim damages for:
- Medical bills: Incurred from the injuries sustained in the accident
- Lost wages: Earnings or business opportunities lost due to inability to work
- Pain and suffering: Non-economic damages for the distress you have endured
- Property damage: To repair or replace your vehicle and other property damaged in the accident
When you discuss your case with a car accident lawyer, he or she may recommend that you try to pursue compensation without filing a lawsuit. It is possible to settle most rear-end accident cases this way, which may result in a faster conclusion to the case and fair compensation.
However, if it is not possible to determine who was at fault and agree on appropriate damages, you may need to go to court.
Establishing Fault in a Rear-End Accident Case
To build a strong case, your car accident attorney must first establish that the other driver or drivers were at fault. The fact that the driver was on the road shows that they had a duty of care toward other road users. Next, your lawyer must prove that the other driver breached that duty of care by his or her negligence.
The general assumption in rear-end crashes is that the rear driver is liable. So the fact that the driver hit the car in front may be considered “prima facie” evidence that the rear driver is to blame. Prima facie means self-evident; the defendant must produce evidence to prove that the driver in front was at fault.
New Jersey car accident attorneys can use their knowledge of the law to establish liability. For example, in New Jersey, tailgating – driving too close to the car in front – is against the law.
When following another vehicle, drivers must leave distance between vehicles as follows:
- In good weather: 2 seconds
- In poor road conditions or inclement weather: 4 seconds
When liability is less clear-cut
At times, rear-end accidents are more complicated, and determining liability is rather challenging. These include the following:
- The car in front was stationary on the road
- The car in front malfunctioned
- There were multiple vehicles involved
- The tail lights on the car in front were not working
- The car in front was reversing
If one of these scenarios applies in your case, don’t be quick to conclude that you don’t have a case. One of our car accident attorneys can talk you through your legal options, even if the accident is complicated.
Comparative negligence in New Jersey
New Jersey employs comparative negligence law(New Jersey Statutes Annotated (NJSA) 2A:15-5.2.). Under this legal principle, you may file a compensation claim even if you were partially liable.
So you may make a claim if you were 50-percent at fault or less. However, it is important to remember that you will also be entitled to less compensation than if you bore no liability.
The Impact of Rear-End Accidents
Rear-end accidents are often less severe in terms of injuries than other types of collisions. Yet, they can lead to serious injuries such as:
- Whiplash: The sudden back-and-forth movement caused by the collision can lead to severe pain in the neck, shoulders, back, and upper arms. In some cases, this can last for years.
- Spinal injuries: These may lead to severe outcomes, such as partial or complete loss of feeling and motor control below the injury site.
- Back injuries: Strains, slipped or herniated discs, fractures, and facet joint injuries can cause long-term pain and disability.
In some cases, rear-end accident injuries only cause short-term pain, and you will make a full recovery. Yet sadly, other people’s injuries are life-changing, affecting how they live, work, and interact with their families.
Calculating Rear-End Accident Damages
Immediately after a rear-end accident, insurance companies may try to pressure you to accept a settlement. Don’t give in! Before talking to an insurance company, speak to a Judd Shaw Injury Law car accident attorney.
Our dedicated lawyers are 100-percent on your side. If we agree to take on your case, we will look at the full impact of your accident. This includes examining the economic impact of your accident, such as:
- Past and future medical expenses
- Adaptations to your home
- Caretaker costs
- Lost past and future earnings
- Cost of retraining in a new type of work
- Cost of paying someone to do tasks you can no longer perform, such as lawn care and babysitting
Crucially, if you have been seriously injured, our lawyers will also explore the psychological impact of your accident and its effect on your family. Although no amount of compensation can ever make up for what you have suffered, we can fight for a fair settlement to cover the accident-related damages.
You may be able to get money for the following:
- Emotional distress
- Loss of enjoyment of family life
- Loss of consortium (enjoyment of your marital relationship)
- Disfigurement (if applicable)
Don’t be bullied into accepting a lowball offer that doesn’t even begin to compensate you for what you have lost. Instead, let our tenacious car accident lawyers fight in your corner to pursue the compensation you need.
How to Pursue the Compensation You Deserve
The insurance companies don’t want you to get the best possible settlement. They intend to get you to accept the lowest offer possible. So instead of battling the insurance company yourself, put your case in the capable hands of Judd Shaw Injury Law.
Our car accident attorneys are committed to the Judd Shaw Way – a set of four values that put our clients at the heart of everything we do. Our No Fee Guarantee means you won’t pay a penny until we win your case.
Let us “work the wow” for you. Call us 24/7 at (866) 909-6894 and start your journey toward justice today!