Rear-end collisions can happen in the blink of an eye. If someone is following another vehicle too closely, a rear-end collision can result from a sudden or even a normal stop in traffic. Many people think rear-end collisions are just minor fender benders. While this may be true in some cases, some rear-end collisions result in serious injuries or even fatalities.
If you were in a rear-end collision, you could be entitled to receive compensation from the responsible party for medical bills, vehicle repairs, lost wages, and other sustained damages. A New Orleans rear-end collisions lawyer from Laborde Earles Injury Lawyers can help you pursue monetary compensation through a claim or lawsuit.
Who Is Liable for My Rear-End Collision?
According to Louisiana Revised Statutes (RS) §32:81, drivers must leave a “reasonable and prudent” distance between themselves and the car in front of them. In many rear-end accidents, this law may establish the fault of the rear driver.
While in most cases, the person rear-ending your car is at fault, there are also instances where the front driver suddenly hits the brakes, causing the rear driver to collide with their car. Furthermore, in some wrecks, the car that rear-ends you may have been rear-ended by another car behind it. In situations like this, the driver of the car behind you is also a victim.
A lawyer can evaluate the incident report, photographs, and video surveillance footage and use other resources, like accident reconstruction service and eyewitness statements, to determine fault.
For a free legal consultation with a rear-end collisions lawyer serving New Orleans, call (504) 777-7777
Causes of Rear-End Collisions
Here are some common negligent behaviors that may establish fault in rear-end collisions:
Speeding
Speeding can cause a rear-end collision because it can increase the distance required for a vehicle to come to a complete stop. Typically, a higher speed results in more severe rear-end wrecks.
Road Rage
Road rage can be dangerous. An enraged driver may intentionally strike or ram a vehicle in front of them.
Distracted Driving
There are many different possible distractions when driving. People often get in the habit of texting, eating, drinking, or talking on the phone while operating their vehicles. Even a few seconds of distracted driving can result in a rear-end accident.
Failure to Adjust to Weather Conditions
Some may blame inclement weather conditions for their rear-end collision. However, in the eyes of the law, people are responsible for taking weather into account when driving. If the road is slick, drivers should leave more distance between their vehicle and the one in front, so there is more time to stop.
If you suspect another party’s negligence caused your rear-end collision, Laborde Earles Injury Lawyers can help. Our team provides free case reviews to New Orleans car accident victims.
New Orleans Rear-End Collisions Lawyer Near Me (504) 777-7777
How Much Is Your Rear-End Collision Case Worth?
The state of Louisiana uses the comparative negligence model in motor accidents. This means if the judge or insurance claim adjuster finds you partially liable for the accident, your award will be reduced by the percentage you were at fault.
For example, if the total compensation is set at $50,000 and the court deems you to be 20 percent responsible for the rear-end collision, you will recover 80 percent of the award, or $30,000.
To minimize your portion of fault, you must obtain as much proof as possible to establish the other driver’s fault and clearly show your incurred damages would not have occurred otherwise.
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Potentially Recoverable Damages in a Rear-End Collision Case
Rear-end collision victims often endure physical and psychological scars, which can cost significant time and money to heal from. By proving the negligent party was responsible for your sustained damages, you may recover some or all losses.
Our New Orleans car accident lawyer can assist in recovering compensation through filing an insurance claim or representing you in court if an out-of-court settlement is not possible.
Here are some of the economic and non-economic damages you may recover:
Medical Expenses
If you suffered injuries in your accident, your medical bills may be piling up. Even minor injuries could require medical treatment. You may be able to recover compensation for all accident-related medical care costs. These may include your past and future accident-related medical expenses, such as ongoing rehabilitation, physical therapy, medication needs, and more.
Loss of Income
If you were injured in a car accident, you may have missed time from work during treatment. This may qualify you to recover compensation for any lost wages or benefits.
You can also seek compensation for decreased earning potential if your injuries forced you to take another job. For example, if you had a manual labor job but sustained severe back injuries, you may have to switch to a less physically demanding job.
Property Damages
A rear-end collision can cause significant damage to your vehicle and any property inside your car during the wreck. Depending on the damages, you may recover repair or replacement costs of the vehicle and other items you lost in the wreck, such as your glasses, phone, and iPad.
Pain and Suffering
Pain and suffering refers to physical or mental distress you sustained because of the wreck. It can be difficult to assign a dollar value to damages such as physical pain, mental anguish, and emotional suffering.
A New Orleans rear-end collisions lawyer will use their legal experience in handling similar cases to pursue an appropriate amount for non-economic damages. However, these are not the only potentially available damages in a rear-end collision case. A New Orleans rear-end collisions lawyer from Laborde Earles Injury Lawyers can evaluate your case, identify the extent of your damages, and help you seek the settlement you lawfully deserve.
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The Deadline to File a Rear-End Collision Claim in New Orleans
Louisiana Civil Code CC Art. 3492 sets a general one-year statute of limitations on personal injury lawsuits. The deadline clock starts the day of the rear-end accident. If you lost someone in a rear-end collision, the surviving family members still have a one-year period to take a wrongful death action, but the timeframe begins from the date of their passing, per CC Art. 2315.2.
If you file a lawsuit after one year, the court may dismiss the case. We urge you to act quickly after your accident, so you do not lose your ability to receive justice and compensation for your damages.
Louisiana may extend the deadline in a few special circumstances. Your attorney will discuss how the deadline applies to you based on your case.
Common Injuries from Rear-End Collisions
Even low-speed rear-end collisions can cause serious injuries. Possible injuries in a rear-end accident include:
Whiplash
Whiplash occurs when there is a sudden forward and/or backward motion of the head. This motion can cause neck sprain, strain, and injury, possibly resulting in long-lasting discomfort and neck pain.
Brain Trauma
The impact from the head hitting the steering wheel during a rear-end accident may cause a concussion or traumatic brain injury (TBI).
Back and Spine Injuries
A rear-end accident can cause your spine and back to move in unnatural ways. Treating back and spine injuries may require surgery and can leave serious mobility issues.
Bruising
Bruising is a common car accident injury. Victims can experience bruising from hitting the seatbelt, the dashboard, or even the windshield during a collision.
Laborde Earles Injury Lawyers recommend you see a doctor as soon as possible after your accident for a thorough examination. This can help you treat your injuries on time and create a compelling source of evidence in your medical record that can be used to support your claim and damages.
Contact Laborde Earles Injury Lawyers Today for a Free Case Review
If you or a loved one has suffered injuries in a rear-end collision, a lawyer from Laborde Earles Injury Lawyers will guide you through the claim submission process, help determine the value of your case, and manage all the legal work while you focus on your recovery.
We can:
- Investigate your accident, identify the liable party, and collect evidence in your defense
- Communicate with all insurance carriers and at-fault parties on your behalf
- File your insurance claim and/or personal injury lawsuit
- Negotiate for a settlement offer
- Take your case to trial if necessary
For a free case review with a member of our team, contact Laborde Earles Injury Lawyers today. We work in a contingency-fee-basis – this means you do not owe any fee to seek our legal assistance unless we settle your claim or win your case. Our team is available 24 hours a day, 7 days a week to help with your rear-end collisions case.
Call or text (504) 777-7777 or complete a Free Case Evaluation form
