Getting hit from behind while waiting at a stop light or slowing for traffic ahead of you is an intensely jarring experience. If the car that ran into yours was traveling at a high rate of speed, this type of crash can also be physically traumatic. If you were recently injured in a wreck, you may assume that the person who rear-ended you is obviously at fault for the crash. However, getting a good result from this sort of civil claim still requires compiling and presenting sound evidence in your favor.
Fortunately, you have help available from dedicated legal professionals with experience handling rear-end car accidents in Erie in a proactive and effective way. You deserve fair restitution for every one of your crash-related losses, and retaining a knowledgeable car accident attorney is a vital first step toward getting the payments you need.
How Fault Works in Rear-End Car Crash Claims
No matter how or where an auto accident happens, the legal principle at the heart of any civil claim for compensation is “negligence.” In brief, someone is legally “negligent”—and therefore financially liable for damages—if they do something reckless or careless in violation of a “duty of care” that causes someone else to suffer an otherwise preventable injury. In the context of car accident claims, a “breach of duty” is typically a violation of traffic law, but it can also be more broadly irresponsible behavior like driving drunk or being distracted behind the wheel.
It is true that the majority of rear-end car accidents in Erie stem from negligence by the rear driver—for instance, someone following too closely behind another car, speeding on the highway, or simply not paying attention to traffic up ahead. Sometimes, though, these kinds of wrecks stem partially or primarily from the front most driver doing something negligent themselves. Examples include the front driver not having functioning brake lights or suddenly swerving into another lane without signaling. Courts will not assume someone in particular is at fault for any rear-end crash. Having help from legal counsel can be important both to proving someone else was at fault for a wreck and that an injured person held no “comparative fault” that could result in the court reducing their final damage award.
What Damages May Be Recoverable?
Assuming no issues with “comparative fault” as discussed above, injured individuals in Erie can demand financial restitution for both economic and non-economic losses stemming from a rear-end car wreck, including:
- Short and long-term medical expenses
- Short and long-term loss of income and/or earning capacity
- Personal property damage, including vehicle repair/replacement costs
- Psychological and emotional anguish
- Physical pain and suffering
- Lost quality/enjoyment of life
Recovery options may be limited somewhat for “limited tort” policyholders who did not suffer a “serious injury.” It is always worth discussing a potential case with qualified legal counsel before trying to pursue it alone to ensure someone takes advantage of every possible option for securing fair compensation.
Contact an Erie Attorney for Help After a Rear-End Car Accident
Filing a lawsuit against someone else over an auto accident is hardly ever an enjoyable experience. However, if you know that someone else is to blame for seriously injuring you in a wreck, they—and not you—should be the one to pay for your ensuing losses.
Taking proactive legal action over a rear-end car accident in Erie can be much easier with support from a seasoned attorney. Learn more by calling Lowenthal & Abrams, Injury Attorneys.