A rear-end collision is among the most common types of accidents that occur in the United States. The National Highway Traffic Safety Administration reports that about 29 percent of the traffic accidents that result in serious injury are rear-end collisions.
Proving fault and claiming damages in a personal injury claim for a rear-end collision can be tricky. Determining which driver is at fault, the contributory negligence of the victim, and dealing with insurance companies are some of the issues that may arise. With the help of an experienced car accident attorney, the injured person can successfully claim the rightful compensation.
Determining Who Is at Fault
It’s easy to assume that the driver of the car at the back is always at fault for the accident, but that’s not always the case. All the drivers have a duty towards everyone else on the road. To prove a driver’s negligence, it must be proved that there was a breach of this duty that caused an injury to the victim.
Indiana’s Comparative Fault System
Indiana follows the modified comparative fault system to determine fault in personal injury claims. This means that the victim can only recover damages if the fault attributed to him or her is less than 51 percent. The compensation awarded will depend on the percentage of fault attributed to the victim. For instance, if the jury awards $10,000 in damages for a rear-end collision and the fault attributed to the victim is 30 percent, he or she would be entitled to receive only $7,000.
The compensation that may be awarded will depend upon the facts and circumstances of each case. It is advisable to contact an Indiana car accident attorney who can help with determining the fault of the parties involved in a rear-end collision.
What Kind of Damages Can the Injured Claim
The victim might have to suffer from enormous physical, emotional, and financial strain in case of a rear-end collision. Some common damages that may be claimed by the victim include:
- Costs for medical expenses including hospital bills, doctor visits, x-rays and scans, physical therapies, and rehabilitation services
- Property damage costs including vehicle repair and personal property damage costs for broken phones, laptops or other valuables
- Compensation for lost wages or income
- Compensation for loss of earning capacity
- Compensation for pain and suffering including physical, emotional, and mental trauma
Common Injuries Resulting From a Rear-End Collision
Rear-end collisions can cause serious injuries to the persons involved in the accident. High-speed accidents may result in life-altering injuries or even death. Some common injuries caused by rear-end collisions include:
- Neck, back, and spinal cord injuries
- Head injuries and concussions
- Lacerations and bruises
- Broken bones, fractures, and sprains
- Soft tissue damage
Learn How an Indiana Car Accident Attorney Can Help
Dealing with the after-effects of rear-end collisions can be challenging. Navigating the legal system by yourself to claim the compensation you deserve might add to the stress. At Stewart & Stewart, we provide a free and no-obligation case review to the victims of rear-ended car accidents. Contact us now to learn how our experienced attorneys can help you evaluate your case and fight for the compensation you deserve.