Being rear-ended can be a jarring experience, even if you are fortunate enough to avoid suffering any serious injuries. At higher speeds, these crashes can be life-altering. Being proactive about enforcing your right to demand civil recovery may be crucial to protecting your best interests in the long term—especially since the person who hit you will almost certainly be proactive about claiming they did nothing wrong.
Securing fair financial recovery after a rear-end car accident in Philadelphia can be deceptively challenging, even if it seems obvious to you who is to blame for your wreck and what amount of money they should pay for your losses. Fortunately, you have assistance available from a seasoned car accident attorney with a track record of achieving favorable results from these cases on behalf of people much like you.
How Fault Works in Rear-End Car Crash Claims
Regardless of exactly how a collision occurs in physical terms, any lawsuit or settlement demand built around that wreck must be based on the legal theory of negligence. In brief, someone is “negligent” in the context of an automobile accident if they break a traffic law or otherwise act irresponsibly behind the wheel and, as a direct result of that “breach of duty,” cause an otherwise preventable collision.
Most of the time, the rearmost driver is the one at fault for a rear-end crash, since every driver has a legal duty to keep a safe distance behind other vehicles in front of theirs and to pay attention to what is happening ahead of them. However, this is not the case for every rear-end auto wreck in Philadelphia.
If the frontmost driver suddenly swerved in front of the rearmost driver, did not have functioning brake lights, or was negligent in some other way, they may be assigned a share of “comparative fault” for the crash. A civil court could either reduce the total compensation available to the frontmost driver or even bar them from getting paid anything at all, depending on their share of total fault.
Recovering for All Available Damages
The “modified comparative fault” system is just one example of how Pennsylvania state law can pose challenges for auto accident survivors who pursue civil restitution without help from experienced legal counsel. On top of ensuring an injured person can navigate around procedural roadblocks, a dedicated lawyer can assist with identifying and assigning a fair financial value to all past and future losses that a particular accident may result in. Recoverable damages a Philadelphia attorney can help pursue after a rear-end car crash include:
- Medical bills and car repair expenses not covered by insurance
- Lost work wages/salary and benefits
- Lost long-term working and earning capacity
- Physical pain and suffering
- Emotional and psychological distress
- Lost quality/enjoyment of life
Accounting for anticipated future consequences of an injury can be especially important when a rear-end wreck results in permanent and debilitating harm.
Contact a Philadelphia Attorney About a Rear-End Car Accident Lawsuit
Rear-end crashes are not quite as life-threatening as some other types of wrecks, but they can certainly still cause serious injuries. If you or someone you love got hurt in this way because of another driver’s negligence, you may have grounds to demand civil restitution for every form of harm that person’s misconduct causes.
After a rear-end car accident in Philadelphia, guidance from a knowledgeable legal professional can make a substantial difference in your chances of achieving fair compensation. Call Lowenthal & Abrams, Injury Attorneys, today to discuss your recovery options.