Rear-end accident in Los Angeles
If you have suffered a rear-end accident in Los Angeles and need medical treatment and recover damages, do not hesitate to contact our expert traffic accident attorneys at Lluis Law. We have been dealing with this type of events for more than 50 years and helping victims obtain justice.
By far, accidents in the rear represent the largest number of collisions in the world. In the United States each year these accidents exceed 2 million cases and although the majority of them do not generate serious consequences for drivers, however, they leave a sad balance of thousands of deaths and injured persons.
Depending on the speed of travel of the car and the impact, these accidents can be very easy to solve or very serious when there are victims, for which it is necessary to consult a car accident lawyer from Los Angeles that helps to increase the chances of obtaining a fair compensation.
The rear collision is a common traffic accident that occurs when one vehicle hits another from behind. In general, the responsibility of the crash is borne by the driver who is located behind the hit vehicle, because he did not keep a prudent distance of 3 to 5 seconds. Although it is not always the culprit, because there could be extenuating circumstances invoked by the defense.
Rear-end accidents are almost always caused by distracted driving on streets and highways. The most frequent causes of this type of accidents are untimely braking due to obstacles on the road, making a stop on public roads or driving carelessly (writing text messages, talking on the phone, looking away from the road, etc.).
How to determine the fault or the fault of the accident?
The initial determination of the fault of the rear accident is made by the police and the insurance representatives. It is almost always attributed to the driver who came from behind and hit the claimant’s vehicle. But this responsibility has to be demonstrated when trying to accuse a person of incurring a failure to drive.
Occasionally, the driver behind could drive too close without keeping a safe distance between one vehicle and another. Also for driving in bad weather (rain, heavy fog) and not seeing that the vehicle located in the front stopped because it could not see or suddenly stopped.
Other times it can happen that due to an electrical fault, the brake lights do not light up and the driver from behind does not notice the danger and crashes from behind. Going back without looking back can be another cause, as can stopping to turn without turning on the dipped beam. In this case the driver claiming compensation could have some of the fault.
The California traffic law establishes the rule of comparative negligence, according to which several drivers may have responsibility in the accident. So the compensation payment will be made according to the percentage of responsibility that each one has in the accident.
Who pays for the damages in a back accident?
The responsible driver will be the one who pays the damages caused to the driver of the vehicle traveling in the back. The claim or claim must then be made against the responsible driver or his insurance company.
Once it is determined who was responsible for the accident, comes the process of negotiating the amount of compensation with the insurance company. The automobile accident attorney makes a series of calculations for personal injuries and property damage to request an approximate amount of compensatory damages.
When people decide to negotiate themselves with insurance, they have to face the company’s adjusters and lawyers whose role is basically to get the insurer to pay as little as possible, regardless of whether the compensation to cover all the expenses is insufficient.
Therefore, before signing any agreement, it is advisable that the injured person seek the advice of a rear accident lawyer to advise on the amount of compensation that really corresponds. Legal assistance is a necessity to avoid difficulties in the compensation process or when everything is entangled and there is the possibility that the victim loses everything.
What types of damages can be recovered in a back accident?
The accident can complicate things to the injured driver, because in addition to the damage caused to the vehicle, he or she has to be absent from his job for a while. During this period he can not generate income, suffer loss of wages and must pay medical bills for the treatment of injuries resulting from the accident.
Not all cases are easy to solve through submitting a claim to the insurance company. Sometimes it is necessary to present the case in a court when a dispute arises between the parties. In court, the judge decides who is responsible and sets the amount of compensation that must be paid to the plaintiff.
The compensatory amount set in the court ruling will include current and future physical (bodily / mental) injuries and material damages (vehicle repair). To reach this stage it is necessary, however, to have carried out many administrative and judicial procedures beforehand that consume time and money.
With the help of a car accident and personal injury lawyer, the process can be less cumbersome and frustrating. Without it, there is nothing safe to recover damages, because obtaining compensation also requires experience, knowledge of the law and ability to negotiate.
Most frequent injuries in rear accidents
In any rear collision, however simple it may seem, a person may suffer the following physical and psychological injuries:
– Spinal injury and damage to the spinal cord
– Injuries in the head when inflating the airbags
– Cranial trauma
– Fear of driving again
– Chronic pain and / or suffering
So, not always the rear accidents are simple accidents to solve. Sometimes because the injuries they leave bring consequences in the future, other times because the insurance company refuses to recognize the damages. Whatever the reason, when a rear collision gets complicated, it is advisable to get legal help immediately.
If you or a family member were injured in a back accident, you can count on Lluis Law’s law firm. Our experienced auto accident and personal injury attorneys can help you with your claim or claim for damages. Do not hesitate to contact us for a free consultation. Our telephone number is (213) 320-0777.
Address: 205 South Broadway, Suite 1000 Los Angeles, CA 90012. Tel: (213) 687-4412 Fax: (213) 687-3441.