Rear-end accidents are the most common type of car accident, accounting for about 42% of all multi-vehicle collisions and injuring 1.6 million people annually, according to the National Safety Council. Victims often suffer whiplash, back injuries, and other conditions that cost thousands of dollars to treat and prevent them from earning a living or taking part in everyday activities.
If you’ve been seriously injured in a rear-end car accident that another driver caused, you may have the right to pursue a claim and demand financial compensation for your medical expenses and other accident-related losses. Let the Kentucky rear-end accident lawyers with Morgan, Collins, Yeast & Salyer fight for the money you need to move on with your life. Contact us today to get started with a free case evaluation. Let us put our Kentucky Courage to work for you.
Why Rear-End Accidents Happen?
Most rear-end accidents happen because a driver is not paying enough attention behind the wheel. Here are some of the most common factors contributing to rear-end collision accidents in Kentucky:
- Tailgating: The single leading cause of rear-end accidents is following too closely. When a driver fails to maintain a safe following distance from the vehicle ahead, the driver has little time to react and avoid a rear-end crash if the car in front brakes suddenly. The closer a driver is to the next car, the less time they have to react to sudden changes in traffic flow.
- Distracted Driving: From talking on the phone to eating and grooming, distractions cause drivers to take their attention off the road. They also take a driver’s eyes off the road and reduce their ability to maintain a safe following distance, which can lead to rear-end crashes.
- Sudden Braking: Sometimes, the unexpected happens. A car ahead might stop suddenly due to a road hazard ahead. While the driver in the rear vehicle is typically at fault for a rear-end collision, the driver in front might be at least partially to blame for unsafe braking.
- Weather Conditions: Adverse weather, such as rain, snow, and fog, reduces visibility and increases stopping distances. Slick roads and poor visibility make it harder to judge distance and speed, leading to an increased risk of hitting the vehicle in front. No one can control the weather. However, every driver is responsible for adjusting their driving in adverse weather conditions. A driver who fails to do so could be at fault for causing a rear-end collision.
- Mechanical Issues: Mechanical failures in the brakes, tires, and steering system can lead to loss of control and subsequent rear-end collisions. Regular vehicle maintenance is crucial to ensure the vehicle is in good working order to prevent such accidents.
The Presumption of Fault in Rear-End Collisions
As a general rule, a driver who hits the back of another vehicle is presumed to be at fault for the accident. This rule stems from the principle that safe driving mandates keeping an adequate distance between vehicles to allow room to stop. If you’re following another car, you should be able to stop safely without colliding with it, even if the driver in front stops without warning.
While the rear driver is typically at fault in rear-end collisions, some exceptions can shift the blame. Here are some potential exceptions to the general rule:
- The Lead Car Suddenly Reverses: If the front car backs into the car behind it, the driver of the car moving backward may bear the fault for the collision. Moving in reverse disrupts the normal flow of traffic and can catch following drivers off guard, making it difficult to avoid a collision.
- Multiple Car Pile-Up Scenarios: Some rear-end accidents involve multiple vehicles, where one car is pushed into another due to the force of a collision from behind. Such pile-ups require a detailed investigation to understand the sequence of impacts and identify the initial cause of the chain reaction.
- Documented Mechanical Failures: When a rear-end collision is caused by a documented mechanical problem, such as brake failure, the brake manufacturer may be liable.
When Might the Rear Driver NOT be Entirely Eligible?
Kentucky’s comparative negligence system allows the assignment of fault when multiple parties share blame for an accident based on their degree of responsibility. The goal is to ensure fairness by quantifying each party’s contribution to the accident. The system does not bar you from recovering compensation for a collision you partially caused. However, the amount you receive will be reduced by your percentage of fault.
Even in rear-end accidents, where the rear driver is presumed to be at fault, Kentucky’s comparative negligence system provides injury victims with a path to seek fair compensation. If the lead driver contributed to the accident in any way – perhaps by suddenly braking without cause, operating a vehicle with malfunctioning brake lights, or engaging in erratic driving, the lead driver can also be found at fault.
For example, let’s say Steve was following Becky too closely, causing Becky to get frustrated and tap the brakes suddenly in front of Steve. In the subsequent rear-end collision lawsuit, the jury found that Becky’s aggressive behavior was more directly to blame for the accident than Steve’s tailgating, assigning Becky 60% of the fault and Steve the remaining 40%. If Steve was initially entitled to $100,000 in compensation for his injuries, he could receive $60,000 after accounting for his share of fault. At the same time, Becky could also be entitled to 40% of the value of her claim.
This dynamic underscores the importance of gathering evidence and documentation in the aftermath of a rear-end accident to support your version of the accident and maximize your potential compensation. Evidence in a rear-end accident claim might include:
- Police accident reports
- Photos of the scene
- Eyewitness statements
- Traffic and security camera footage
- Dashcam footage
- Medical reports
What To Do if Involved in a Rear-End Accident?
The steps you take in the aftermath of a rear-end collision can affect your ability to recover fair compensation for what you’ve suffered. First, seek medical attention immediately, even if you don’t feel injured. Common rear-end injuries like whiplash and soft tissue injuries do not present immediate symptoms but can worsen without prompt medical care. Furthermore, seeing a doctor creates a document chain tying the accident to your injuries, making it harder for an insurance company to argue that your injuries had some other cause.
Collect any evidence you were able to gather and put it in a safe place. This might include medical bills from your treatment, photos you took of the accident scene, the contact information of anyone who witnessed the collision, and the accident report that responding officers filled out. Be sure to write down your own recollection of events while your memory is fresh.
Do not admit fault or say anything that might be construed as an apology. At-fault drivers and their insurance providers might try to twist your words to avoid paying you what they owe you.
Contact a Kentucky car accident attorney after a rear-end crash. An experienced personal injury lawyer at Morgan, Collins, Yeast & Salyer can handle your car accident case, combining the evidence you have provided with the information found during an independent investigation to build a persuasive case.
Compensation and Dealing with Insurance Companies
If the other driver was at t fault for the rear-end collision that injured you, you may pursue compensation for the following:
- Past and future medical bills
- Lost wages and reduced earning potential
- Pain and suffering
- Property damage
- Diminished income
If you receive a settlement or court award, the at-fault driver’s insurance provider will pay the compensation awarded to you. However, your own insurance policy might provide additional coverage beyond what the at-fault driver owes you, especially if you have underinsured motorist coverage, medical payments (MedPay) insurance, or collision insurance. An experienced rear-end accident lawyer can review the situation to determine every available source of compensation and help you maximize the value of your claim.
We Are Known for Our Client Satisfaction
At Morgan, Collins, Yeast & Salyer, we’re proud of our reputation for excellent service and the many positive reviews we’ve gotten from satisfied clients. For example, consider the case of former Kentucky circuit judge Bill Trude, who suffered serious injuries when another driver slammed into the vehicle he was driving. He turned to Morgan, Collins, Yeast & Salyer for legal representation. “I know how good they were at practicing personal injury law, and I knew they could get me results,” he said. “They’re great guys and great lawyers, and I would recommend them to everyone – and I have.” – All Case Results
Contact A Car Accident Lawyer in Kentucky Today
Are you dealing with the painful aftermath of a rear-end collision in Kentucky? Are you ready to demand fair compensation for the injuries you’ve suffered? Contact Morgan, Collins, Yeast & Salyer for a free consultation with a Kentucky rear-end accident lawyer. We’ll listen to your story, explain your options, and help you demand justice. We won’t charge any legal fee unless we win your case.
