Delaware Car Accident Lawyers Fight Hard for Their Injured Clients
Obtaining Maximum Compensation for Victims of Rear-End Accidents
In the United States, nearly one-third of all car accidents are rear-end crashes. These accidents are not only frightening and potentially dangerous, they are largely preventable. Many rear-end crashes are the result of distracted driving, speeding, or tailgating.
Even minor rear-end fender benders can result in serious head, neck, and back injuries for individuals traveling in the leading vehicle.
The good news is that when drivers slow down and pay attention, most of these accidents can be avoided.
Common Causes of Rear-End Accidents
The National Highway Traffic Safety Administration (NHTSA) asked the Virginia Tech Transportation Institute (VTTI) to study rear-end accidents. The agency was able to determine some of the most common reasons why rear-end accidents occur, and to illustrate just how easy it is to prevent them.
The VTTI found that:
- Most rear-end accidents happen during the day on roads that are dry, flat, and in good condition.
- Most rear-end accidents happen when the leading vehicle is either driving at a very slow speed or stopped altogether.
- Half of the trailing drivers involved in rear-end crashes failed to react to a stopped or slowed vehicle ahead because they were distracted.
- Nine out of every ten rear-end car accidents are the result of distracted driving.
According to the research on rear-end accidents, human error is nearly always to blame. By simply ignoring the cell phone, radio, other distractions, and following at a safe speed and distance, these accidents can frequently be avoided.
Rear-End Accident Injuries
The human body is simply not designed to withstand the impact of a rear-end car accident. Even at low speeds, a crash can leave victims with painful injuries that may require hospitalization, physical therapy, and even surgery.
Rear-end accident injuries include:
- Herniated or slipped discs
- Head injuries
- Internal injuries
- Soft tissue damage
- Sprains and strains
- Whiplash and other neck injuries
In additional to the physical pain and suffering that goes along with these types of injuries, individuals involved in especially severe rear-end accidents may suffer emotional symptoms, including anxiety, PTSD, and other mood disorders.
Being hit from behind when you least expect it can be incredibly traumatic.
Liability and Rear-End Accidents
In most cases, the trailing driver is at fault for a rear-end accident, especially when they engage in reckless behaviors like speeding, following too closely, or driving distracted.
There are, however, a few scenarios where the leading driver may be responsible for a rear-end accident. If the lead vehicle’s brake lights or signals are broken, the person driving behind them is unable to anticipate their movements and react accordingly.
Also, if the leading driver brakes suddenly and unexpectedly, the tailing driver may have insufficient time or space to react and avoid a crash. “Brake-checking” is an aggressive driving tactic that can lead to a serious collision.
Negligence and Rear-End Accidents
Establishing negligence is an important part of rear-end accident claims. Negligence is when a person’s conduct or behavior falls short of the established standard of care. To prove that a trailing driver was negligent, and that careless behavior caused your accident, it must first be proven that a duty to exercise care while operating the vehicle existed.
Next, it must be proven that the other driver breached that duty when they stopped paying attention or were tailgating before they hit your vehicle from behind. The leading driver may breach their duty by failing to signal or by suddenly slamming on the brakes.
Comparative Negligence and Rear-End Accidents
In the state of Delaware, when both drivers bear some responsibility for a rear-end accident, the principle of comparative negligence applies. That means that injured persons are entitled to recover damages for their injuries, even if they are partly to blame for the accident.
It is important to note that an injured person’s share of the liability may impact the amount of damages that they are permitted to receive or keep them from receiving any compensation at all. An experienced Delaware car accident lawyer at McCann & Wall, LLC is a great resource for understanding how the comparative negligence system works, as well as how your actions may affect compensation for rear-end accident injuries.
Delaware Car Accident Lawyers at McCann & Wall, LLC Represent Victims Injured in Rear-End Crashes
In Delaware, you are permitted to seek damages even if the other party alleges that your carelessness contributed to the crash in some way. The experienced Delaware car accident lawyers at McCann & Wall, LLC examine every aspect of your case to show that your contribution was minimal or nonexistent to maximize your claim amount.
To get started, schedule your free initial consultation by calling 302-888-1221 or contact us online. We work with clients throughout the state of Delaware including those in Middletown, Wilmington, Dover, and Newark.