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Rear-end collisions are among the most common types of car accidents, often occurring when one vehicle crashes into the back of another. These accidents can happen for a variety of reasons, such as tailgating, distracted driving, or sudden stops. Regardless of the cause, being rear-ended in Burbank can have serious physical, emotional, and financial consequences. If you’ve been involved in a rear-end collision, it’s important to understand your rights and the legal steps you need to take to protect yourself and ensure that you receive the compensation you deserve.
In California, the rear driver is usually presumed to be at fault in rear-end accidents. This is based on the assumption that the rear driver should always maintain a safe following distance, allowing enough time to react to sudden changes in traffic conditions. For example, if a vehicle in front of you stops suddenly and you rear-end it, California law generally holds you accountable because you should have been driving at a speed that allows you to stop in time.
This presumption applies even if the lead vehicle was not fully stopped or was slowing down. The rear driver is expected to anticipate such changes in speed and stop accordingly. This is why insurance companies and courts often place the primary responsibility on the driver who rear-ends another vehicle.
If the lead driver suddenly slams on their brakes without any warning or reason (such as an emergency), this action can cause an accident. In cases where the lead driver intentionally brake-checks the rear driver, they can be held liable for the accident. Brake-checking refers to the act of suddenly and aggressively applying the brakes to provoke the driver behind to tailgate or to intimidate them.
If the lead driver fails to use their turn signals or gives incorrect signals, leading to an abrupt lane change or turn that the rear driver cannot anticipate, the lead driver may be considered partially at fault. The rear driver may not have enough time to react or slow down if they were not properly warned of the lead vehicle's intentions.
In some cases, the lead driver may not be responsible for a rear-end accident, but they could be partially at fault if their vehicle had malfunctioning brake lights, turn signals, or hazard lights. If the rear driver couldn’t see that the vehicle in front was stopping, turning, or changing lanes due to broken lights, this could lead to the lead driver being found partially responsible.
If the lead driver was driving aggressively or erratically (for example, speeding, changing lanes without proper signaling, or cutting off the rear driver), they may share liability for the accident. In this case, the rear driver may not be completely at fault because the actions of the lead driver caused the situation.
California follows a system known as "comparative negligence," which means that fault in an accident can be shared between the involved parties. If you are involved in a rear-end collision, the court will assess the degree of fault for each party involved. Your compensation will be reduced based on your percentage of fault in the accident.
If both you and the other driver are found to be at fault, the compensation you receive will be adjusted accordingly. For example, if the rear driver is found 80% at fault and the lead driver is found 20% at fault, the rear driver’s compensation will be reduced by 80%. The court may consider factors such as:
This means that if you are rear-ended but are found partially responsible (for example, if you abruptly stopped or failed to signal), your recovery might be reduced based on your degree of fault. Similarly, if the rear driver is found partially responsible (such as for tailgating or failing to pay attention), their settlement will be reduced accordingly.
After a rear-end collision, the first thing you should do is report the accident to the police. California law requires drivers to report accidents involving property damage, injury, or death to law enforcement. Filing a police report creates an official record of the accident and helps establish the facts surrounding the crash, which will be crucial if a dispute over fault arises later.
In addition to filing a police report, you should document the scene of the accident as thoroughly as possible. This includes taking detailed notes, noting the time, weather conditions, and any contributing factors that could have caused the collision. Ensure that you take clear photos of the damage to both vehicles, any visible injuries, and the surrounding environment. The more evidence you collect, the stronger your case will be.
One of the most important steps in building your case is gathering evidence. Photos, witness statements, and dashcam footage can all play a pivotal role in proving fault and demonstrating the extent of your damages.
After a rear-end accident, the next step is typically dealing with insurance companies. Both your own insurer and the at-fault driver’s insurer will need to be involved in the claims process. While it’s common to assume that insurance companies will be on your side, it’s important to remember that their goal is often to minimize the payout to protect their profits.
Insurance adjusters may attempt to deny your claim, minimize the severity of your injuries, or offer you a low settlement amount. If your claim is denied or if you’re offered less than what you deserve, it’s critical to have an experienced attorney by your side to handle the negotiations. Insurance companies often use tactics like underpayment or offering settlements that don’t fully cover your medical bills, lost wages, or pain and suffering. Your attorney will be able to advocate on your behalf, ensuring that your rights are protected and that you receive a fair settlement.
Settlement negotiations are a key part of the legal process in rear-end accident cases. Once the insurance company has reviewed your claim, they may offer you a settlement. However, the first offer is often not the best one. Insurance companies may try to get you to settle quickly for a lower amount than you’re entitled to, hoping you’ll accept without fully understanding the extent of your damages.
Having an experienced attorney on your side during settlement negotiations is crucial. A skilled lawyer will know how to evaluate your damages, including medical bills, lost wages, emotional distress, and future medical care, to ensure that the settlement offer is fair. If the insurance company refuses to offer a reasonable settlement, your attorney will be prepared to take further legal action, which may involve going to court.
While many rear-end accident cases are resolved through settlement, some cases may need to go to court. If settlement negotiations fail to produce a fair result or if the insurance company refuses to take responsibility, litigation may be necessary. Going to court allows you to present your case to a judge and jury, who will determine liability and the amount of compensation you should receive.
The decision to go to trial is not one that should be taken lightly. Court cases can be time-consuming and expensive, but in some cases, it is the only way to ensure that you receive full compensation for your injuries and damages. Having an experienced attorney who is comfortable in the courtroom can make a significant difference in the outcome of your case. Your lawyer will handle all aspects of the trial process, including presenting evidence, questioning witnesses, and making legal arguments to support your claim.
Rear-end accidents, though common, can lead to complex legal challenges. Whether you’re dealing with medical bills, lost wages, property damage, or emotional distress, the legal process can be overwhelming. It's crucial to have a skilled personal injury attorney on your side, especially in cases involving rear-end collisions. An experienced lawyer will not only help you navigate the complexities of insurance claims and legal procedures but will also fight to ensure that you receive the maximum compensation you deserve for your injuries and losses.
At Drake Law Firm, we understand the physical, emotional, and financial toll that a rear-end accident can have on your life. Our team is dedicated to providing the expert legal representation you need, from investigating the accident and gathering evidence to negotiating with insurance companies and representing you in court if necessary. We are here to ensure that your rights are fully protected and that you are fairly compensated for the harm you’ve suffered.
Don’t wait to get the help you deserve. Contact Drake Law Firm today for a free consultation to discuss your rear-end collision case in Burbank. Let us help you take the next step toward recovery and ensure that you have the legal support you need during this difficult time.
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