Michigan Rear End Accident Lawyer
Rear-end accidents are one of the most common types of car crashes in Michigan. If you were hurt in one, a rear-end accident lawyer at Lipton Law can help you understand your rights.
Rear-end collisions, sometimes called fender benders, make up 23% of all car accidents in Michigan. Sadly, about 7% of fatal car accidents also happen because of rear-end crashes. While some rear-end accidents only cause minor injuries, others can lead to serious health problems or even wrongful death.
Our Michigan car accident lawyers are ready to help if you were hurt in a rear-end crash. Our team has successfully handled all kinds of car accident cases, including rear-end collisions, distracted driving accidents, T-bone crashes, drunk driving accidents, and more. No matter how your accident happened, we have the experience to guide you through the legal process and recover the compensation you deserve.
Call 248-557-1688 or contact us online to schedule a free consultation with an experienced attorney today.
What Is a Rear-End Collision?
A rear-end collision occurs when one car crashes into the back of another. These accidents are very common and can happen for many reasons, like brake checking, tailgating, or distracted driving. However, in most cases, the leading cause is driver negligence.
Some rear-end accidents cause severe injuries, while others might just leave you with a sore neck. Even if you aren’t severely hurt, the damage to your car can affect your personal finances and your ability to drive to work and other places. When this happens, you deserve compensation for your financial losses. This is where a car accident lawsuit comes into play.
What Happens in a Rear-End Accident?
During this type of car accident, the lead vehicle is struck from behind by the rear vehicle. The severity of the crash and the injuries suffered by both the lead driver and the rear driver depend largely on the speed of each car. Other important factors include vehicle types and the road conditions when the collision occurred. A rear-end crash can occur in a number of ways, including the following:
- The lead vehicle was completely stopped when the rear vehicle crashed into it.
- Both cars were in motion at the time of the collision, but the rear driver was moving faster than the lead driver.
- The lead driver was stopped when the rear driver slowly rolled their car into the front vehicle.
The first two scenarios are much more deadly than the last scenario. However, many of these crashes can result in serious injuries and even fatal injuries in the worst-case scenario.
What Causes Most Rear-End Collisions in Michigan?
According to data from the National Highway Traffic Safety Administration (NHTSA), most rear-end collisions occur when the lead vehicle is completely stationary or moving very slowly. Additionally, many of these crashes occur because the at-fault driver was following too closely behind the vehicle in front. Other causes of rear-end accidents can include:
- The rear driver fails to react to the stopped or slowed front vehicle. This could be a result of distracted driving or negligence.
- Texting while driving, eating, talking to passengers, or driving while tired can slow the driver’s reaction time, leading to a crash.
- The lead driver is brake-checking the rear driver, in an attempt to get the other driver to back off.
- The front car’s brake lights are out, they start braking suddenly, and the rear driver takes too long to realize they need to hit their brakes.
According to one study, most rear-end accidents happen during the daytime on straight, clear roads, not on dangerous roads or in bad weather. While rain, snow, or ice can make accidents more likely, rear-end collisions are often caused by a negligent driver who isn’t paying attention to the road ahead.
What Happens to Your Body in a Rear-End Collision?
When your vehicle is rear-ended, the body can suffer severe trauma. Many people do not expect these accidents and therefore don’t have the time to brace for the impact. This often contributes to worse injuries than those who had time to prepare.
During impact, the drivers and passengers will suddenly jerk forward. Then, their bodies snap back into their seats as their seatbelts hold them back. Some occupants even collide with their steering wheel, the dashboard, or the seat in front of them during a crash.
Oftentimes, the higher the vehicle speed of the rear driver, the more intense the impact on the front driver and passengers. Remember that, even if only one person is to blame for the accident, drivers and passengers in both vehicles can suffer injuries.
Injuries from Rear End Collision
In a rear-ended collision, certain injuries are far more common than others. Below, we list some of the most common injuries sustained in rear-end collision cases:
- Traumatic brain injury (TBI)
- Whiplash injury
- Back/spinal cord injuries
- Broken bones
- Neck injuries
- Internal injuries
- Soft tissue injuries
- Chronic pain
- Catastrophic injuries (paralysis, amputations, etc.)
- Internal bleeding
- Herniated spinal discs
- Seatbelt/airbag injuries
Establishing Fault for Rear-End Car Accidents
When one vehicle rear-ends another, the rear driver is generally at fault for the accident. However, this is not always the case. Because of the established rules of the road, all drivers are expected to follow other vehicles at a safe distance. This gives them enough time to stop if the front driver must suddenly hit the brakes. When rear drivers fail to follow at a safe distance or speed behind another vehicle, they are usually held liable.
But what if both drivers share part of the blame? According to Michigan’s modified comparative negligence rule, someone’s damages are reduced if they are found partially to blame. Additionally, if someone is more than 50% to blame for an accident, they are barred from receiving compensation.
Is Fault Automatic in Rear-End Accidents?
No, fault is not automatic in rear-end accidents in Michigan, but in many cases, the driver who hits the car in front is presumed to be the at-fault party. Michigan law expects drivers to leave enough space between vehicles to avoid a crash, even if the car in front stops suddenly.
However, there are situations where the front driver may share some blame. For example, if a driver suddenly slammed on their brakes for no reason, cut in front of another car without warning, or had broken brake lights, they could be partially at fault.
How to Avoid Rear-End Accidents in Michigan
To help reduce your chances of being involved in a rear-end collision, it’s important to practice safe driving habits. Always follow other cars at a safe distance, avoid distractions like texting or eating, and obey the speed limit. Stay aware of your surroundings, adjust your driving for weather conditions, and be courteous and predictable on the road. Regularly check your mirrors and always use your turn signals to communicate with other drivers. These simple tips can go a long way in helping you avoid serious motor vehicle accidents.
Compensation After a Rear End Collision
After a car accident, you may face overwhelming medical expenses, lost income, and vehicle repair costs. Working with a Michigan personal injury attorney can help you understand the full extent of your losses and what you may be entitled to recover. Our experienced legal team will carefully calculate your damages and fight for full and fair compensation, including payment for medical bills, lost wages, and pain and suffering damages.
Economic Damages
Economic damages are financial losses that can be measured. These may include:
- Medical bills for current and future medical treatment
- Lost wages from missed work
- Property damage to your vehicle
- Loss of future earning ability
- Repair or replacement costs for your car or other property
Non-Economic Damages
Non-economic damages are personal losses that don’t have a set dollar amount and are harder to measure. These often include:
- Pain and suffering
- Mental or emotional distress
- Loss of companionship or support (loss of consortium)
- Loss of enjoyment of life
- Emotional anguish caused by the accident and injuries
What Is the Average Rear-Ended Collision Settlement?
Rather than looking at the average rear-end collision settlement amount you might receive from the other driver’s insurance company, it is more helpful to understand what goes into calculating the value of your case. Each case is different and requires careful consideration before estimating its value. Factors that can affect the value of your settlement include:
- The type and severity of your injuries
- How much property damage you suffered
- Whether or not your injuries will allow you to work
- The insurance policy limits of both you and the other driver
- How much you were at fault for the accident
Getting Rear-Ended While Stopped Settlement
If you were completely stopped when you were rear-ended, the driver who hit you will more than likely be found at fault for the crash. However, we strongly advise against assuming your case will be cut and dry. It is always a good idea to contact a rear-end car accident lawyer. Sometimes, the at-fault driver or the insurance company may argue with you. This is where having a skilled attorney comes in handy.
What Should You Do After Getting Rear-Ended in Michigan?
Right after a car accident, it can be easy to panic or forget to do important things. Below are some of the things you should do if you are in a rear-end car accident in Michigan.
- Stop your vehicle, turn on your hazard lights, and move off the road if possible. Never leave the accident scene until you have exchanged insurance company information with the other driver involved.
- Check yourself and your passengers for injuries. If anyone is hurt, seek medical attention immediately by calling for emergency help and ensuring they receive proper care.
- While speaking with the other driver, refrain from admitting fault. Saying “sorry” or even insinuating that you were to blame is a bad move. The best course of action is to make sure everyone is safe and then exchange information.
- When police arrive, file a police report and obtain a copy. Getting an official police report can significantly help during settlement negotiations.
- Take photos and videos of your and the other driver’s car at the crash scene. The more detailed your pictures and videos, the better. Memories are far less accurate than photos, even if you’re confident in your own memory.
- Exchange contact and insurance information with the other party involved in the crash and obtain contact information from all available witnesses.
- Even if you do not need to go to the hospital in an ambulance, go to the doctor as soon as possible. Latent injuries such as whiplash, neck or back injuries, or traumatic brain injuries can show up later. The longer you go without treatment, the worse your outcomes may be.
- Find a personal injury attorney to represent you. Having a lawyer will protect you from saying or doing anything that could jeopardize your case.
Following these steps can help improve your chances of getting fair compensation.
Do I Need a Rear-Ended Collision Attorney?
Although it might seem like rear-end collision cases are simple, they are far from it. Working with experienced rear-end accident lawyers ensures you take all necessary steps to protect yourself and your case.
Any car accident has the potential for serious complications and setbacks, especially if you have to deal with bad-faith insurance claims. A car accident attorney will fight to protect your best interests and negotiate for full and fair compensation on your behalf. That way, you can focus on recovery while we handle the complicated red tape.
Contact a Michigan Rear End Accident Lawyer at Lipton Law Today
At Lipton Law, our top priority is ensuring our clients receive only the best legal representation. Our experienced car accident attorneys are highly passionate about the cases we handle, and we will always put your needs above all else. If you were injured in a rear-end collision, our personal injury law firm is here for you. To schedule your free consultation, call 248-557-1688 or contact us online today.
