Cause-in-Fact and Proximate Cause of a Rear-End Car Crash
Negligent drivers who cause accidents must be deemed the cause-in-fact and the proximate cause for a negligence lawsuit to succeed. The rear driver is the proximate cause if it is foreseeable that their actions would cause injuries. They are the cause-in-fact if but-for the substandard actions, the damage would not have occurred.
For example, if a line of motorists is stopped at a red light and a speeding motorist plows into the last car in the line, causing a chain reaction of rear-end crashes, the last speeding motorist is both the proximate and cause-in-fact of the rear-end car collision in Los Angeles.
Insurance Claims vs. Personal Injury Lawsuits
California has adopted an at-fault motor vehicle insurance system in which innocent motorists injured in crashes look for compensation from the insurance company covering the at-fault motorists.
Every injured driver knows the insurance company is not their friend and will push for the lowest possible settlement. This is where our attorneys are the greatest value to our clients. Insurers do not care if a driver is properly compensated, but we do. While many attorneys do not like to litigate, we do. Injured motorists have one chance to secure a suitable settlement or damages award, and it must be enough to cover current and future losses. We win big for our clients as a matter of justice and the desire to do our best for them.
How to Find an Attorney
If you have been injured in a Los Angeles rear-end accident that was caused by another driver’s negligence, having skilled legal guidance on your side can make a serious difference in your claim outcome. In the aftermath of a violent car accident, however, it is not at all unusual to be at a loss regarding what comes next.
The most important step you can take after seeking the medical care you need is retaining the skilled legal counsel of a trusted lawyer. While finding the right attorney for you may strike you as daunting, several tips can help make it far less so. These include all the following:
- Discuss the matter with trusted family members, friends, and co-workers. They may have recommendations for lawyers with whom they worked well with and who effected favorable claim resolutions for them.
- Do some searching online. Most reputable car accident firms maintain websites that can prove very informative.
- Look for a website that resonates with you. The bottom line is that you need a legal representative with ample experience successfully handling rear-end accident claims who is also a good fit.
- Reach out for more information. Once you have identified a firm that puts you at ease about moving forward, it is time to schedule an interview, which you should be able to do online.
Questions to Ask Potential Lawyers
Once you have a potential car crash attorney in mind, it is a good idea to get a better feel for what they have to offer by asking some carefully considered questions.
How much should I expect to pay?
The good news is that you should not need to think about paying up front. Most personal injury lawyers work on contingency, which means their pay is based on the outcome of your claim. Only if you prevail with a settlement or court award will you pay a predetermined percentage of the compensation you receive.
What level of experience do you have handling claims like mine?
Every rear-end accident claim is unique, but the right car crash attorney for you will have a significant amount of experience successfully handling these challenging cases. If the lawyer you are interviewing affords you the confidence you are looking for, your search is over.
Do I have a strong claim?
A trusted attorney will discuss the strength of your claim as well as any weaknesses with you up front. It is not in anyone’s best interest to pursue a claim that does not include each of the necessary elements, and you can count on a seasoned lawyer to be honest with you on this point.
What to Expect from a Lawyer
Working closely with a skilled LA attorney after a rear-end crash can afford you the peace of mind that comes from knowing you are in good legal hands, and this is what you should expect. While you focus on regaining your health and well-being, your dedicated lawyer will ably handle each of the following:
- Skillfully guiding you through the complex legal process ahead
- Helping you avoid mistakes that could weaken your claim, such as speaking directly to the insurance company or posting on social media while your claim is pending
- Building an effective claim based on the evidence that the involved insurance company will have difficulty denying
- Engaging in skilled negotiations in focused pursuit of a fair settlement
- Carefully preparing to take your case to trial in the event that the insurance company is not interested in negotiating fairly
Common Rear-End Car Accident Injuries
Even a rear-end collision at a relatively low speed can cause serious, painful injuries. The force of the impact pushes your body forward and backward in a matter of seconds, placing stress on your neck, back, joints, and head. Some of the conditions commonly linked to this type of accident include:
- Whiplash
- Traumatic brain injuries
- Herniated discs
- Spinal cord injuries
- Shoulder injuries
- Broken bones
- Sprains and strains
The severity of your injuries will depend on factors like the speed you were traveling and the size of the other vehicle involved in the crash. A Los Angeles rear end car accident attorney can help you pursue the compensation you deserve.
What Is My Rear-End Accident Case Worth?
There is no uniform settlement amount for a rear-end car accident. Instead, the value of your claim depends on factors like the severity of your injuries and your ability to return to work. While our attorney cannot predict what your case is worth with certainty, we can help you understand the types of damages that might be available in your case. If successful, you could be entitled to some or all of the following:
Medical Bills
Medical expenses frequently make up a significant portion of a rear-end accident claim. Compensation can cover treatments like emergency room visits, ambulance transportation, hospital stays, surgery, and physical therapy, among other things.
In addition to the medical bills you have already incurred, you could also recover damages based on your future treatment as well. This includes the cost of any care related to your rear-end car accident injuries.
Lost Wages
If your injuries prevent you from working, you can seek compensation for the income you lose during your recovery. Whether you miss a few days or several months of work, those lost earnings can become part of your claim.
In some cases, injuries also cause you to use sick leave, vacation time, bonuses, commissions, or other employment benefits. Those financial losses deserve consideration when calculating the value of your case.
Pain and Suffering
You also have the opportunity to seek compensation for the subjective losses that stem from an injury. This includes damages for your physical and emotional pain and suffering.
There is no objective way to measure how an injury has impacted your quality of life or resulted in your crippling pain. That said, our attorneys understand what it takes to show a jury what these claims are worth.
Property Damage
Rear-end collisions frequently leave vehicles with extensive damage. Compensation can include the reasonable cost to repair your vehicle or, if repairs are not practical, the fair market value of the vehicle if it is declared a total loss.
Property damage claims can also include compensation for other personal property damaged in the collision, such as electronics, child safety seats, or other valuable items inside the vehicle.
Diminished Future Earning Power
Some injuries permanently affect a person’s ability to earn a living. If your injuries prevent you from returning to your previous job, reduce the number of hours you can work, or force you into lower-paying employment, you can pursue compensation for your diminished future earning capacity.
Calculating these damages starts with what you were able to earn at the moment before your accident. Our attorneys will then compare that with the type of work you are able to perform now due to your disabilities to determine how much of your future earnings you’re likely to miss out on.
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