Rear-end collisions are one of the most common types of car accidents in Oakland due to congested roads, distracted driving, speeding, and tailgating on I-880 and local streets. If you get into a rear-end collision, it’s important to understand your legal rights. Our Oakland car accident lawyers are here to help you understand your rights, get your free consultation today. Take the time to fully comprehend your situation so that you can make informed decisions moving forward.
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Injured in a Rear-End Accident?
Who Is Liable in a Rear-End Crash?
California is a fault state. When a car accident such as a rear-end collision occurs, the driver or party at fault is financially responsible (or liable) for the victim’s medical bills and property repairs. Determining liability for a rear-end collision takes an investigation into which driver caused the crash.
Presumption of Fault for the Rear Driver
Rear-end collisions typically come with a presumption that the rear driver is at fault. This is because the rear driver has a responsibility to maintain a safe following distance. California Vehicle Code § 21703 states: The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicle and the traffic upon, and the condition of, the roadway.
Following too closely is one of the top causes of rear-end collisions in Oakland. Another common tort that can point to rear driver liability is distracted driving. Although texting and driving is against the law in California, thousands of drivers do it every day. If a rear driver is not paying enough attention to the road, he or she may crash into the back of a car that has suddenly stopped.
When the Front Driver May Share Fault
The front driver of a rear-end collision in Oakland may be held liable if he or she was negligent, or did not act with proper care, and this caused the accident. Examples include if the front driver slammed on the brakes without reason (e.g., “brake-checking” the rear driver), reversed unexpectedly, cut the other driver off in an unsafe lane change, or if his or her brake lights malfunctioned.
Compensation You May Be Entitled To
Holding another driver liable for your rear-end car crash could lead to a financial recovery that allows you to pay your bills and move forward from the accident. You may be eligible for a variety of economic and noneconomic damages.
Medical Bills and Lost Wages
Economic damages are the financial losses caused by the rear-end collision. They often include past and future medical bills, property damage, and lost wages. You may qualify for a settlement or judgment award for your hospital visits, operations or medical treatments, disability, ongoing care, lost income, and lost capacity to earn.
Pain and Suffering Damages
Noneconomic damages compensate a victim for the invisible or intangible losses suffered. Examples include physical pain, emotional suffering or distress, mental anguish, post-traumatic stress disorder, depression, anxiety, lost quality of life, and loss of consortium
Why You Need an Oakland Rear-End Accident Lawyer
If you suffer any type of injury in a rear-end collision, such as whiplash or a concussion, it is in your best interest to consult with an attorney in Oakland about your case. You may be entitled to greater financial compensation than a car insurance company initially offers. Review the value of your case and its unique elements with an experienced car accident lawyer before making any binding decisions or accepting a fast settlement to protect your rights.
Maximizing Compensation With Legal Help
A car accident attorney can investigate the rear-end accident to gather evidence that proves fault. Then, your lawyer can navigate the insurance claims process for you to maximize your financial recovery. This includes bringing your case to trial, if necessary, although most rear-end collision cases achieve settlements. Meanwhile, you can rest and focus on healing.
Jacoby & Meyers offers free initial consultations, and there are no fees for our services unless you win your case. Speak to an attorney in Oakland day when you call (510) 616-9169.