Sacramento Rear Collisions
Sacramento Rear Collisions – A rear collision is one of the most common car accidents on the road. Of the six million yearly accidents in the United States, roughly 40 percent are rear-end crashes. This parleys into an annual number of 2.5 million every year. Due to the enormity of the problem and the potential for serious injury, it is important to understand who is responsible for a rear end accident and how this affects damages. While most people believe that if they are hit in the rear, it is always the other person’s fault, this is not always true. Let’s examine the issue in full detail.
Reasons for a Rear Collision
The most frequent act of negligence is driver error. This can take the form of:
- Distraction: Not staying focused on the road is the number one cause of a rear collision. According to the National Highway Traffic Safety Administration, 87 percent of rear-end accidents occur due to a distraction of one form or another. Chief among the many distractions drivers experience, talking or texting on a cell phone is number one. One study showed that this activity renders a driver twice as likely to have a rear end accident.
- Tailgating: This driver error puts the rear vehicle too close to the lead car or truck to stop in time. This often occurs at intersections when the lead vehicle slows, and the driver behind it is unaware of a change in traffic flow. Usually, the rear car is traveling at a speed that makes it impossible to stop in time.
- Fatigued driving: Closing your eyes for a few seconds or dozing off while driving can lead to a rear collision.
- Failed brakes or brake lights: On occasion, the lead driver does not maintain his or her vehicle or has defective brake lights. This means that the driver to the rear has no way of knowing the lead vehicle is slowing. Staying alert for changes in the lead driver’s speed makes it possible to sidestep this cause of an accident. Sometimes, the rear vehicle will have defective brakes, making it impossible for the car to stop. In this situation, a lawsuit against the manufacturer may be possible.
- Disabled vehicle: On occasion, a car or truck will break down in an active traffic lane. Unless flashers are used, other drivers will be unable to tell the vehicle is not moving, particularly at night. Use flashers and roadway flares if your car breaks down, and is not working.
Fault in a Rear Collision
To be responsible for a rear-end collision, negligence must be involved. The degree of negligence can vary if the other driver was partly at fault. Jurors decide the degree of fault if a case goes to trial. In different situations such as a private settlement between the parties, the plaintiff and defendant’s lawyers will work out the degree of negligence. The driver to the rear is generally at fault, however, since California is a comparative fault state, it is possible for both drivers to share fault. For instance, if the lead driver fails to maintain his or her brake lights and stops abruptly, the plaintiff’s lawyer might say that they are considered 50 percent to blame. In that case, both drivers will be responsible for 50 percent of the damages.
Injuries in a Rear End Collision
Some common injuries in a rear collision are:
- Cervical sprain: Commonly called whiplash, this type of injury is caused by the rapid back and forth movement of the head and neck. The symptoms may take up to 72 hours to show and can persist for up to a year.
- Herniated disk: When the disk cushioning the area between vertebrae in the spine is damaged, back pain and leg numbness or tingling may occur. This damage might require surgery.
- Broken bones: Not all fractures are easily treated. Some such as a femur or pelvic fracture can require surgery and take a long time to heal in addition to extended periods of physical rehabilitation.
- Traumatic brain injury: TBIs occur less often in rear-end collisions but can happen if the restraints and headrest malfunction. They can also happen if the individual does not use a seat belt and shoulder harness. Treatment varies according to the severity of the injury. Some problems such as a mild concussion will resolve in time. However, others such as a subdural hematoma can require surgery.
Watch YouTube Video: Smarter Driver: Tips for Avoiding a Rear-End Crash. This video demonstrates some simple techniques on how to prevent rear-end crashes.
Sacramento Car Accident Lawyers
I’m Ed Smith, a Sacramento Car Accident Lawyer. Sacramento rear collisions can result in an array of symptoms that prevent an individual from working or enjoying activities previously engaged in. When your rear end crash is caused by a negligent motorist, you have the right to obtain the compensation you deserve. Please phone me at (916) 921-6400 for free and friendly advice. Those who are outside the calling area can reach me at (800) 404-5400 or use my contact form at AutoAccident.com.
As a long-time member of the Million Dollar Advocates, I join with other top trial attorneys nationwide who have demonstrated a case settlement or verdict of more than $1 million for a former client.
Deciding which law firm to call when you have been injured in an accident can be difficult. However, it is helped reading what others have had to say. By visiting the following links, you can look over client reviews and a list of some of our previous cases and how they concluded:
For more than 36 years, I have helped the residents of Sacramento and surrounding Northern California to obtain just compensation in most types of personal injury cases. This includes wrongful death, motor vehicle accidents, and spinal cord injuries.
Sacramento Rear Collisions: AutoAccident.com
Photo Attribution: Depositphotos_1803787_l-2015 (1) / Sacramento Rear Collisions.
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