Recent data from the National Highway Traffic Safety Administration (NHTSA) shows that rear-end collisions are among the most common crash types year after year. In 2020 alone, there were 1,457,155 rear-end collisions nationwide. These resulted in 2,428 fatalities and 417,062 injuries.
In addition to debilitating injuries, victims of these accidents are often left with enormous medical bills and lost wages while they recover. If you were injured in a rear-end accident at no fault of your own, you are likely entitled to compensation for your losses. Do not wait to speak with an attorney.
At Marks & Harrison, we are proud to provide excellent legal representation to injury victims throughout Virginia. With over a century of experience, our legal team is ready to do the same for you. Contact us today for a free consultation with a Charlottesville rear-end accident lawyer.
Common Causes of Rear-End Accidents
Each auto accident is unique and deserves the case-by-case attention of an experienced attorney. However, though specific factors that give rise to rear-end collisions will vary, some of the most common causes include:
- Speeding – According to the NHTSA, speeding has been involved in nearly one-third of all fatal auto accidents for the past two decades. Of course, the faster a car is moving, the longer it will take for it to stop. When a speeding driver does not stop in time, they may cause a rear-end accident.
- Impaired driving – Intoxicated driving needs little introduction as one of the leading causes of fatal auto accidents. According to the Center for Disease Control and Prevention (CDC), impaired driving leads to one death every 50 minutes in the United States. Because alcohol dulls reflexes and slows judgment, drunk drivers may not react fast enough to avoid hitting vehicles ahead of them.
- Distracted driving – Whether responding to a text message or checking your GPS navigator, distracted driving is another familiar cause of auto accidents. The CDC reports that 3,000 people are killed each year as a result of distracted driving. Motorists may be held liable for collisions caused by their distracted driving, including rear-end accidents.
- Drowsy driving – Driver fatigue causes around 6,000 fatal crashes each year. Like alcohol, fatigue dulls driver reflexes and impairs judgment, making them more likely to cause an accident. This problem is more common in cases involving large commercial vehicles hauling goods over long distances. Because the enormous size of these vehicles makes them more dangerous in the event of an accident, their drivers must comply with strict hours-of-service regulations.
- Road conditions – To keep roads safe, all motorists are responsible for adjusting their driving as needed when they encounter adverse conditions, such as inclement weather. For example, a driver who causes a rear-end accident by failing to adjust their speed on an icy road may be liable for compensating injured victims. Further, if the accident is caused by poor road maintenance, victims may be able to seek compensation from the responsible government entity.
Proving Liability in a Rear-End Accident
Proving liability in a personal injury case normally requires proving that the defendant was negligent. In other words, the plaintiff must prove that their injuries and other losses were caused by the defendant’s failure to use “reasonable care” to avoid harming others through their actions. When a violation of a law meant to keep roads safe results in an accident, the violation itself may go a long way in proving negligence.
However, unlike most states, Virginia also uses the concept of contributory negligence when evaluating liability for auto accidents. Unfortunately, this old-fashioned rule bars plaintiffs from recovering any compensation if they contributed even slightly to the cause of the accident.
Though the results of this rule can be harsh, our experienced personal injury attorneys are ready to evaluate your accident and build the strongest case possible on your behalf. An experienced attorney will use a wide variety of evidence to prove the other driver’s negligence and disprove your own, including:
- Footage of damaged vehicles, injuries, and other evidence from the scene
- Footage of the accident from surveillance and traffic cameras
- Police accident reports
- Witness testimony
- Expert reconstructions
- Medical treatment and billing records
Is the Driver Behind Always at Fault in a Rear-End Accident?
Drivers involved in rear-end accidents often wonder whether the driver following is automatically at fault for the accident. In general, there is no automatic liability for the driver following in a rear-end accident. However, they may still struggle to prove that they were not at fault.
When determining what is “reasonable,” courts consider the relevant circumstances, including the average speed and stopping distances for each of the vehicles involved. If the court finds that the motorist following in a rear-end collision was driving too fast or too closely, chances are they will be held liable for compensating injured victims.
What Compensation Is Available in a Rear-End Accident Lawsuit?
Rear-end accidents often lead to serious injuries, lifelong disabilities, and sometimes even death. Victims of these accidents may be legally entitled to a wide range of compensation. Our attorneys can help you pursue compensation for the following:
- Medical expenses
- Lost wages if you could not work due to your injuries
- Reduced earning capacity if your injuries cause long-term disability
- Pain and suffering
- Mental anguish
- Inconvenience and embarrassment
- Lowered quality of life
- Emotional distress
- Wrongful death (including funeral and burial expenses)
- Damaged property
Is There a Time Limit for Filing a Rear-End Accident Lawsuit in Virginia?
Personal injury victims must file their case before a deadline known as the statute of limitations. In Virginia, this strictly enforced law generally gives you two years from the date of the accident to file a lawsuit seeking compensation from the at-fault party. Cases filed after the deadline are almost always dismissed in court. However, there are some limited exceptions to this rule, so it is important to contact us today to make sure your case is filed on time.
An Experienced Car Accident Lawyer Can Help
If you were injured in a rear-end accident, do not wait to have your case evaluated by an experienced injury attorney. At Marks & Harrison, our team of personal injury attorneys is ready to evaluate and handle your case. With over a century of experience representing injury victims throughout Virginia, we are ready to help you too. Contact us today for a free consultation.
