The rear end collision is the most common type of automobile collision
with "approximately 2.5 million rear impact collisions occurring each
year." There are "six deaths per one million registered cars." Most of
these accidents occur as a result of inattentiveness on the part of the
rear-ending driver. One can expect these types of collisions to rise with
increased use of cell phones, and other driver distraction features being
added to automobiles.
In these situations, the bumper system of the front of one vehicle makes
contact with the bumper system of the back of another. The rear bumper
system is an important safety feature, when designed properly. Arguably,
over the last two decades car companies have developed and installed
increasingly less reliable rear bumpers. A quality rear bumper system
should be designed to compress upon impact and absorb the force of a low
impact collision. A lower quality bumper system is less absorbent and
allows the brunt of the impact forces to be transferred to the occupants
of the car. Did you know that car manufacturers are only required to
design rear bumpers to handle a five-mile per hour rear collision? We all
know that a significant number of rear impact collisions occur at much
greater speeds. Unfortunately, many of today's bumpers are designed more
to protect the car rather than the occupants.
In general, the law presumes the rear-ending motorist is at fault when
there is a rear-end collision. The rule is based on the idea that the
rear-ending motorist has failed to maintain a sharp lookout and/or was
following too closely to avoid the accident. A rear-ending motorist can
rebut the presumption of fault in situations where the proceeding driver
negligently created the hazard that the following vehicle could not avoid.
For example, if a car makes an inopportune lane change and is struck in
the rear, the striking vehicle may be able to overcome the presumption of
fault and escape liability.
If you are a victim of a rear-end collision and make a claim for personal
injuries with the insurance company for the other driver, beware! Many
insurance companies will argue and try and convince you that because the
vehicles sustained little or no visible damage, then the vehicle's
occupants could not have been injured. This is not necessarily true. While
cars are designed to handle the low speed impact forces, the human body is
not.
Insurance adjusters are very astute at reducing the insurance company's
exposure. Serious injuries can result from what may appear to be a minor
impact. Rear-end collisions may not be so clear cut and legal
representation may be needed to ensure you are treated fairly during the
settlement process.
If you or someone your care for has been injured in a rear-end collision,
call 800-437-2571 anytime for a a free no
obligation confidential consultation with one of our lawyers experienced
in handling auto accident claims or use our convenience
Free Case Evaluation submission form.
Should you decide to retain our services, we will work on a 100%
contingent fee basis. Simply stated, we get paid for our services only if
we recover monies on your behalf from the insurance company.
