All You Need to Know About Rear-End Accidents
Rear-end accidents are among the most common car accidents in the U.S. These accidents are mostly caused by poor following distance, adverse road conditions, and inattentive drivers. Read on for an in-depth coverage of rear-end accidents.
Who is Liable For a Rear End Accident?
Determining fault in a car accident is no simple task. However, in a majority of the cases, the tailing driver is deemed to be liable for causing the accident. This liability rule is seldom disputed by insurance companies which rather tend to focus on damages resulting from the accident like physical injury and vehicle damage.
According to the rules of the road, if one vehicle hits the other from behind, the tailing driver is to blame. This rule applies regardless of a driver’s reason for stopping. This law requires that motorists follow other cars at a safe distance. For this reason, if a tailing driver cannot stop in time and ends up hitting the car in front of them, the driver is considered not to be driving safely.
Vehicle damage may also be used to determine liability. Rear-end collisions cases are easy to solve when the damage caused to the vehicle provides proof of how the accident took place. When the front of one vehicle is damaged and the other has rear end damage, it is plain to see which car was struck from behind.
After your lawyer has shown the liability of the other party, the remaining question is the amount you are entitled to receive for compensation. The three common methods for determining damages in a car accident case are: Colossus, and Multiple of Specials.
Most insurance companies use a software system known as Colossus to fix a settlement value. You may not be able to use the Colossus software but it is important to know it exists and the way it works in order to discuss a settlement with your insurance provider.
Multiple of Specials
Using this method to calculate a car wreck settlement value, the following elements are added together:
• Lost Income
• Medical Bills
• Pain and Suffering
The insurance company may claim that a portion of your medical costs was unnecessary or unreasonably high. Some will contend that your lost income demand is excessive or contradicts what is reflected on your medical records. Such defense claims are weak. If you received the treatment that your health care provider recommended and missed work only when your doctor said you were not fit to attend work, you may be able to recover lost income and medical bills. The difficult question is how much you should recover as pain and suffering.
A common method of calculating pain and suffering after a car wreck is to multiply the out-of-pocket expenses for lost income and medical bills with an arbitrary multiple. In cases that do not involve permanent or serious injury, or where fault is clear, the settlement value is calculated by multiplying these out-of-pocket expenses with a value of between 11/2 and 4.
Summing It Up
If you have been involved in a rear-end collision, your lawyer can get you compensation if they can prove you were hit from behind. Showing liability may be simple when the damage on the rear of your car is used as proof. The major issues in rear-end car cases are determining liability and damages.