Rear-end collisions are one of the common types of car accidents reported in the Tallahassee area, and people often underestimate the severity of these collisions. The adrenaline that rushes through your system after an accident can often mask symptoms of major injuries, including damage to internal organs, soft tissue injuries, and traumatic brain injuries; this is particularly true in rear-end collision cases. Many times, rear-end collisions aren’t as dramatic as other accidents, and those involved misjudge the strength of the impact they’ve endured. They may try to downplay symptoms, hoping they will go away.

However, an experienced Tallahassee car accident lawyer knows that those involved in rear-end collisions often suffer injuries that can disrupt their lives for months or years, if not permanently. At Searcy Denney Tallahassee, we work to ensure that accident victims receive appropriate medical treatment and achieve their maximum recovery physically as well as financially after a rear-end collision.

Determining Who Is at Fault for a Rear-End Collision

Most people assume that the driver in the back is the one who is always held liable for a rear-end collision. But that is not always the case. Liability hinges on a wide variety of factors, and a skilled Tallahassee car accident lawyer will delve into numerous potential factors to determine who should be held responsible and demonstrate why an accident victim is entitled to recover compensation.

Evidence Is Critical

In every legal claim, it is necessary to present evidence along with persuasive arguments showing why that evidence proves that someone is liable for injuries and should be held accountable under the law. Evidence that can demonstrate liability includes:

• Photos of the accident scene showing skid marks
• Photos and descriptions of vehicle damage
• Police reports
• Footage from traffic cameras or security cameras near the scene of the accident
• Testimony from witnesses

It is best to collect and preserve evidence as soon as possible after a rear-end collision. Witnesses can forget critical details as time passes, and the scene of the accident will change so markings may be hard to detect. Video footage might be recorded over when device storage is full.

The team at Searcy Denney Tallahassee can work to secure evidence while it is fresh, so it is a good idea to consult a Tallahassee car accident lawyer as soon as possible after a rear-end collision.

Liability for a Rear-End Collision is Usually Based on Negligence

In a few instances, a driver will act deliberately to hit the car or truck in front of them, but most of the time, the contact is accidental. Just because it is an accident, however, does not mean someone is not to blame. Most accidents occur because someone is behaving negligently. They were either doing something they should not have done–such as texting behind the wheel or driving too fast—or they weren’t doing something they should have done, such as stopping for a red light.

To hold somebody responsible for a car accident, you need to prove that they acted irresponsibly and that the irresponsible actions were what caused the accident and the resulting injuries. This can be difficult to prove definitively, which is why it is important to begin working on legal recovery early on after an accident.

Examples of Negligent Conduct that Could Cause a Rear-End Collision

The National Highway Traffic Safety Administration reports that the majority of rear-end collisions occur when the vehicle in front has stopped or is moving very slowly prior to the impact. In many instances, the driver in the rear is considered responsible for causing a rear-end collision because that driver should have allowed more space or taken other steps to avoid the crash.
However, the driver of the vehicle in front could be responsible if they took actions such as:

• Putting the vehicle into reverse
• Slamming on the brakes in a deliberate attempt to get hit
• Driving erratically or unsafely
• Failing to properly address a problem that causes the vehicle to stop or slow down, such as a flat tire
• Driving with malfunctioning brake lights

An experienced car accident lawyer in Tallahassee can analyze the situation to determine who might be held responsible. This might include a third party who did something to obstruct visibility, make the road unsafe, or cause a vehicle to lose control.

More Than One Person May Be at Fault

In many situations, the actions of more than one person combine to cause a rear-end collision. If you did something to contribute to the cause of your own accident, you still may be entitled to recover compensation from the other party, but the amount you would receive is reduced to account for your share of responsibility. Under Florida’s comparative negligence statute, as long as you are not more than 50% at fault for causing the accident, you are still able to receive some compensation from the others at fault.

Serious Injuries Caused by Rear-End Collisions

When injuries from a rear-end collision are minor, such as a sprained wrist or broken bone that fully heals with routine medical care, then recovery would usually be provided through the driver’s Personal Injury Protection (PIP) insurance.

However, rear-end collisions can cause injuries with permanent effects that prevent the victim from enjoying the same quality of life and opportunities for employment. In those situations, a car accident lawyer may be able to help you recover compensation for pain, suffering, mental anguish, and loss of enjoyment caused by injuries such as:

• Impact injuries caused by the head hitting the steering wheel or windshield
• Damage to the back, neck, or spinal cord
• Traumatic brain injuries resulting from the brain concussing inside the skull because of the collision
• Whiplash or other soft tissue injuries that lead to permanent disability or pain
• Damage to internal organs caused by impact with the steering wheel or seatbelt

The team at Searcy Denney works to recover the maximum compensation available for each and every loss suffered because of injuries. This includes both intangible losses, such as pain, and economic losses, such as the reduced ability to earn income.

Find Out How We May Be Able to Help After a Rear-End Collision

It is vitally important to seek prompt and thorough medical attention after a rear-end collision. Even if you feel fine, you could still be suffering from injuries that aren’t immediately obvious. In addition, it is important to go back to the doctor if you experience new symptoms.

After getting medical care, your next step should be to consider your legal rights. It is never too early to check in with a Tallahassee car accident lawyer for advice and assistance because a dedicated attorney can help you avoid mistakes that could jeopardize your claim.

If you’ve been injured in a rear-end collision, contact Searcy Denney for a free case evaluation and consultation. Call 888-549-7011 or contact us online to get started now.