Rear end collisions in an automobile tend to produce clear and convincing evidence as to who was at fault. Nebraska law is written in such a way that the person responsible for the accident typically cannot avoid being held accountable for any injuries sustained in the incident. However, this doesn't imply that legal guidance should not be sought following a collision of this type. Anyone who has sustained injuries in a rear end accident needs to contact attorneys at Demerath Law Office for a free consultation to ensure fair compensation is obtained, not merely for any physical injuries, but also any other consequences resulting from this impact.
Why An Attorney Is Essential
Insurance companies operate for profit, thus they don't protect the rights of those injured in a rear end collision. They understand Nebraska law favors the injured party and work to pay out as little as possible. Often, victims find they are pressured to take an early settlement, but individuals shouldn't agree to any settlement without speaking to an attorney to ensure they receive fair compensation. The problem with many accidents of this type is the vehicle appears to sustain little damage, if any. As a result, they argue the occupants weren't seriously injured either. Nothing is further from the truth.
What Occurs In A Rear End Collision
When a vehicle is hit from the rear, the occupants are often thrown violently forward and back. When this happens, there may be trauma to the soft tissues of the back and neck. The neck tends to be vulnerable in an accident of this kind, as it is not protected to the extent other body parts are. Even low speed collisions may bring on a severe case of whiplash and, in certain cases, surgery may be required to repair damage to disc tissue in these areas. Furthermore, individuals who see the collision coming may develop severe carpal tunnel as a result of tightly gripping the steering wheel at impact. These are only a few of the many types of injuries sustained in an accident of this kind.
In addition, the headrest, steering wheel or rear view mirror may be hit during the collision, leading to brain damage. As cars become lighter, bumpers may not be able to absorb as much force in the impact. This can lead to a person suffering a concussion, lacerations, bruises and more. Furthermore, as the body moves violently upon impact, the seat belt may leave bruises, or a person may be injured when the airbag deploys, as this safety feature can cause burns.
Factors That Influence The Extent Of Injuries
Many individuals don't stop to consider the various factors that may play a role in their injuries. For example, headrest positioning could contribute to neck injuries or prevent them. Where a person is seated in the vehicle is also of importance, as those closest to the impact may be more severely injured. Seat belts and air bags are designed to prevent serious injury, yet they may contribute to minor injuries when doing so. Furthermore, when a person knows an impact is inevitable, he or she might tense up, and this can play a role in how serious their injuries are.
Common Causes Of Rear End Collisions
A number of factors may lead to an accident of this type. Drivers who fail to maintain a safe distance between their vehicle and the vehicle in front of them often end up in an accident of this type, as they can't stop quickly. The same is true of those who are speeding and those who change lanes without paying attention to their surroundings. Driving under the influence could play a role in an accident of this type, and distracted driving remains a problem in this country, even with awareness campaigns bringing more attention to this issue. Road and weather conditions can result in a rear end accident or a person may be driving a vehicle that isn't safe to be on the road, such as a car with defective brakes or tires lacking sufficient tread.
Other Automobile Accidents
Although rear end collisions account for approximately 40 percent of car accidents, according to statistics, any type of car accident may lead to injuries. One thing individuals need to realize, however, is that every rear end collision is not the fault of the person who rear ended another car. Extenuating circumstances may be considered in the case. For example, a person who is rear ended during a road rage incident may be held accountable if they slammed on the brakes purposely, such as when they were upset at being tailgated. In this situation, both drivers could be at fault. Another example of this is when a vehicle cuts another vehicle off on the road and this leads to the accident. The person who actually cut the other driver may be liable, as they didn't ensure they were changing lanes safely. An experienced attorney looks at all facts of the case and develops a plan based on these facts. Safety defects in the car that was rear ended, such as non-operating brake lights, may also lead to the driver who was rear ended being charged or held accountable, to some extent, for the accident.
If you have been injured in a car accident, contact our office today. We'll be happy to sit down with you and evaluate your case. Although the law is meant to be on your side, the insurance company has lawyers working to protect their interests, and you need to ensure you have the same. At the Demerath Law Office, we've been helping individuals injured in a car accident obtain fair compensation for their injuries, their pain and suffering, any income they have lost and other expenses they have incurred as a direct result of this collision. We've been doing so for 40 years now and have learned a great deal about how to gather and present evidence of the other driver's liability and document the impact of the illness on the injured party's life. Allow us to do the same for you. All it takes is that first call.