Can You Sue for a Rear End Collision?

In the US, a staggering two million people suffer from motor vehicle accidents every year. These crashes cost the nation hundreds of millions per annum in direct medical costs. In 2013, for instance, road collisions led to a whopping $380 million in healthcare costs. In the State of California alone, motor vehicle crashes claim the lives of over 3,000 people each year.

Of all US states, Cali has the most number of not only fatal crashes but also non-fatal injuries. A rear end collision is one of the most common causes of such non-fatal injuries. However, even if the trauma isn't life-threatening, they can still be long-lasting. With that said, you may be wondering if you can or should sue a driver who rear ended you. How does the Golden State define rear end crashes, anyway? We'll get to the bottom of all these questions below, so be sure to read on!

Rear-end collisions in California: What the law says

There are two particular laws that govern rear enders in the State of California. The first one is the California Vehicle Code (CVC) 22350: "Basic Speed Law." The second is the California Vehicle Code (CVC) 21703: "Following Too Closely." The first law states that a driver should be responsible for staying within the speed limit. The second one says that drivers should always keep a safe distance from the vehicle in front of them. Failure to follow these laws are among the most common reasons for rear end crashes.

Determining fault in a rear end accident

Many states and cities follow the two-second rule when it comes to trailing distances. In California, including Oakland, this extends to three seconds. This rule dictates that a rear driver should keep three seconds "worth" of distance from the car in the front. The space between the two vehicles should take at least three seconds to traverse. This gives the driver at the back enough time to brake if the one in front goes on a sudden stop. The more widely-used two-second rule is a scientifically-proven safety strategy.

However, this may not be enough in the Golden State, what with all its registered vehicles. That's why the California DMV recommends upping the distance to three seconds. It's because of this rule that in a rear end accident, the driver at the back is often at fault. Crashing into the vehicle in front of them likely means they failed to keep a safe distance. This may also apply to cases wherein the front driver suddenly slammed their brakes. Again, it's for these events that the two- or three-second rule exists. There are exceptions to this rule, though, such as if the front driver is driving distractedly. Another is if the driver in the front committed a road infraction. In these cases, the law will place part of the blame on the driver at the front.

When a rear end collision insurance claim won't cut it

It's quite common for insurance companies to deny claims. For example, in 2017, workers' comp insurers denied a staggering 7% of all claims. So, if they can reject such cases, then they can (and most of the time, they will) offer super low settlements. With the pain and injuries that you're suffering from, a "prompt" settlement may be tempting.

Regardless of how enticing the insurer makes it sound like, though, you shouldn't accept it on the spot. First offers are often too low, and they're unlikely to be enough to cover all your losses. That's why one of the first things you should do is to seek the aid of a California car accident lawyer. They will negotiate, or, if needed, even battle it out with the at-fault driver's insurer. They will do this to ensure that you, as their client, receives adequate compensation.

When settlement negotiation fails

According to some studies, 95% of cases settle before they ever reach the court. This can happen if the insurer of the driver you got into an accident with budges from their lowball offer. If not, then your case may be part of the 5% that goes to trial. In this case, you should consider hiring an auto accident attorney. However, you should choose a car crash lawyer with a lot of experience taking cases to court. This way, you'll have better chances of coming out as the winner of the rear end lawsuit.

What you can sue for

Rear-end collision lawsuits often arise when insurers fail to address all damages. An example is a settlement offer that didn't take into account the entire cost of getting your car fixed. In addition, you can sue for other tangible losses, such as lost workdays that led to income loss. The same goes for medical costs that the accident directly resulted in. If your health turns for the worse due to the crash, then you can also include their medical fees in your lawsuit. Keep in mind that a rear-end crash may seem minor, but it can cause chronic health issues.

A perfect example is a whiplash injury, which is a painful type of neck injury. In some people, a full recovery from this condition can take up to three months. However, long-term complications can also occur in half of all whiplash patients. Such effects include muscle weakness, fatigue, widespread pain, and even impaired vision. Moreover, not all of its symptoms appear right away; it may take weeks or even months! Another example of an injury that a rear-ender can lead to is cervical spine injury. About half of all these injuries arise from car accidents. Worse, its symptoms, which include pain and neck stiffness, may take time to develop.

Navigating the complex world of car accident lawsuits

As you can see, you can, and there are many reasons to file a rear end collision lawsuit. However, doing it alone can make it difficult to prove your losses and those you'll suffer from in the future. You'd need a lot of evidence to demonstrate the rear driver was at fault or negligent. That's where our legal team here at Kerley Schaffer LLP can come into play. We can help prove all these to the at-fault driver's insurer and even the court. Get in touch with us now so we can assist you in navigating California's complex road accident laws.