After a rear-end collision, you probably feel shaken up, frustrated, and unsure what to do next. Getting unexpectedly hit from behind while driving is always scary.
Even if the collision seemed minor, you may have a lot of questions and concerns swirling around in your mind:
- How badly is my car damaged?
- Is it still safe to drive?
- Will my insurance cover this?
- How much will my rates go up?
- My neck and back are sore. Do I need medical attention?
- Was this preventable?
- Is the other driver at fault?
Never hesitate to consult a car accident attorney about your situation and options.
Seek Medical Attention
Always take care of your physical health. Some injuries, like cuts and broken bones, may manifest right away, but other common injuries from these accidents may not display symptoms until hours or days later.
That’s why getting a thorough medical exam after a rear-end accident is wise, even if you initially feel okay. A doctor can properly diagnose any injuries and recommend treatment before they get worse. Seeking prompt medical attention also creates an official record of your injuries and care that you need for any subsequent insurance claims or legal actions.
Whiplash is the most frequent injury from rear-end collisions. It occurs when the head and neck are suddenly whipped backward and forward by the impact, overstretching muscles and ligaments.
Symptoms include neck pain and stiffness, headaches, dizziness, blurred vision, and tingling in the arms. Whiplash can show up a day or two after an accident and may take weeks of treatment to heal completely.
Concussions are also a risk in rear-end accidents. The jolt of the collision can cause the brain to hit the inside of the skull, leading to a traumatic brain injury. Look out for concussion symptoms like headache, nausea, confusion, memory problems, light sensitivity, and difficulty concentrating.
Rear-end impacts can also cause back injuries, such as sprains, herniated discs, or spinal stenosis. Sharp back pain, muscle spasms, shooting pains, or numbness in the legs can all indicate a significant back injury that requires treatment.
Follow your doctor’s recommended treatment plan closely—it will give you the best chance to recover fully. It also demonstrates that you took your injuries seriously if you need to pursue an injury claim.
Attend all follow-up appointments, fill prescriptions, go to physical therapy, and get any ordered imaging tests or procedures.
Interacting with Insurance Companies
Dealing with insurance companies is unavoidable in the rear-end collision recovery process. You’ll need to report the accident to your own insurance carrier, and you’ll likely hear from the other driver’s insurance company as well.
Always hire a car accident lawyer to handle all dealings with insurers on your behalf. This protects you and your legal claim.
Establishing Fault for the Rear-End Collision
When another driver has rear-ended you, it certainly feels like that driver is completely at fault for hitting you. And in most cases, that’s true.
Traffic laws in all states require drivers to leave enough following distance between vehicles to stop safely if the car in front of them stops. If a driver fails to stop in time and rear-ends you, their negligence can make them at fault for the collision.
Police and insurance companies investigate the circumstances of a rear-end accident to assign fault. They review physical evidence like vehicle damage, skid marks, and debris, look at photos from the scene, and read statements from drivers and witnesses. In many states, traffic law presumes the rear driver is at fault unless they can prove extenuating circumstances.
If the fault is disputed, you need a car accident lawyer to protect your rights immediately. An attorney can gather additional evidence, hire expert witnesses, and present the strongest case possible to show the other driver caused the crash.
Recovering Compensation for Your Damages
The main goal of a rear-end accident claim is to pursue compensation from the at-fault driver (or their insurer) for the damages you’ve incurred. Damages can include both economic losses and non-economic suffering resulting from the crash.
Potential damages to seek in a rear-end collision case include:
- Vehicle repair or replacement costs
- Rental car expenses while your car is in the shop
- Medical and rehabilitation bills for your injuries
- Future medical expenses if you’ll need ongoing care
- Lost income for time off work during your recovery
- Reduced future earning capacity if your injuries disable you from working
- Pain and suffering
- Mental anguish or emotional distress
- Loss of enjoyment of life
- Disfigurement (e.g., from burn injuries or severe lacerations)
In the tragic event that a loved one died from their injuries in a rear-end collision, close family members can pursue a wrongful death claim.
This claim seeks damages for funeral and burial expenses, final medical bills, lost financial support the deceased would have provided, and intangible losses like loss of love, companionship, guidance, and consortium.
A skilled car accident attorney can analyze your case and determine the full extent of damages you should claim. This includes putting a value on hard-to-quantify damages like pain and suffering or emotional anguish.
Most rear-end accident cases reach an out-of-court settlement in which the other driver’s insurance company agrees to pay you a lump sum for your damages. Your lawyer can negotiate aggressively for a maximum settlement.
If the insurance company refuses to make a fair offer, your attorney may advise filing a lawsuit and taking the case to trial. In court, your lawyer will present a compelling case demonstrating the other driver’s fault and the extent of your compensable damages.
How a Car Accident Attorney Can Help You
Hiring an experienced personal injury lawyer is one of the smartest steps after a rear-end collision. An attorney looks out for your best interests and shoulders the burden of complex legal and insurance processes so you can focus on recovery.
Most reputable car accident attorneys offer free consultations and work on contingency, so getting legal representation costs you nothing upfront. Get a consultation as soon as possible after your rear-end accident to understand your rights and get started on your case.