Rear-End Car Accidents in Los Angeles

You may assume rear-end collisions are just fender benders — both parties stopped at a light and the rear driver took their foot off the brake prematurely, tapping the fender of the leading car. Unfortunately, rear-end accidents can cause fatalities. Severe back injuries and whiplash also occur frequently. Even if you experience this type of crash, neck and back injuries sometimes take time before symptoms emerge, so you should seek immediate medical help. Our attorneys could help you secure compensation after rear-end car accidents in Los Angeles. Call now for a consultation with our car crash attorneys.

Rear Drivers are Presumed at Fault

Our attorneys establish a driver’s negligence by proving they had a duty to operate their vehicles safely, they breached that duty, and their actions are the cause of an accident with injuries.

Prima facie evidence is the presumption in a rear-end collision in Los Angeles that the rear driver is at fault. It means at first sight the rear motorist is responsible for not keeping a safe distance between cars and not controlling the car. The defendant can rebut the presumption if additional information shows another scenario. Generally, the law prescribes one car length between cars for every 10 mph they are moving.

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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.

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FREQUENTLY ASKED QUESTIONS

WHAT IS A PERSONAL INJURY?

Personal injury cases are some of the most common civil litigation cases—also known as “tort actions” or “lawsuits”—in the United States. They are filed by individuals who have experienced bodily injury, pain and suffering, and sometimes property damage in an accident caused by a negligent third party. These claims can also be filed for intentional harm or defamation of character by a third party.

DO I NEED TO HIRE A PERSONAL INJURY ATTORNEY?

While you are not required to have an attorney to file a claim, having an attorney can make a significant difference in your claim. A personal injury attorney has a deep understanding of the claims process and can help you navigate the complexities of the law. Your attorney can also help you level the playing field with insurers and can tell you whether you are receiving the maximum compensation to which you are legally entitled.

I HAVE BEEN INJURED IN AN ACCIDENT – WHAT DO I DO NEXT?

If you have been injured in an accident that was no fault of your own, there are steps you should take to ensure you are compensated for costs related to the incident. Taking quick action after your accident can profoundly affect your personal injury claim or lawsuit. After being involved in an accident, you should: Seek medical attention for your injuries, even if symptoms are not immediately apparent. Keep a record of your injuries and note any complications that arise because of your injuries. Report the incident as soon as possible after it occurs. Record detailed descriptions and notes about the facts of the incident. Keep receipts of medication and medical care you received Contact an experienced personal injury attorney in Los Angeles who can help you navigate your claim.

WILL MY PERSONAL INJURY CLAIM GO TO TRIAL?

Not all personal injury claims make it to court. In fact, a majority of injury cases are settled without having to litigate. What’s the difference between a settlement and going to trial? What are the pros and cons of each? There are two ways in which compensation can be awarded to you for your claim: through a settlement or by going to trial. There are pros and cons to each. When your claim is settled, the compensation for your claim is decided outside of court, usually through negotiations between lawyers.

HOW LONG DO I HAVE TO FILE A PERSONAL INJURY CLAIM?

In California, you have two years to file a personal injury claim against an individual or non-government entity. If the injury is not immediately known, you have one year from the date the injury is discovered. If you’ve suffered injuries from an accident that was caused by someone else’s negligence, you should act quickly to ensure you are able to recover compensation for your losses.

Notifying Insurance Companies

You should notify your insurance company and the responsible party’s insurance company as soon as possible after your accident. Most insurance companies request that you file your claim within 24 – 48 hours after your accident. When you file a personal injury insurance claim, you are requesting that the at-fault party’s insurance pay for the losses you suffered as a result of your accident, and the compensation amount is determined during negotiations. Seeking Compensation You can get financial compensation in two ways: filing a personal injury insurance claim or filing a personal injury lawsuit. Generally, compensation can be sought for two types of damages: economic and non-economic. Economic damages are those with a measurable monetary value, such as medical expenses and lost wages. On the other hand, non-economic damages refer to losses that cannot be easily quantified, such as pain and suffering or emotional distress. It is important to understand the types of damages available in your case so that you can seek compensation for all of your related losses. Soon after your accident, contact a knowledgeable personal injury attorney in Los Angeles who can explain the time limits to you and help you get the compensation you deserve.

ARE THERE PERSONAL INJURY LAWYERS NEAR ME?

Our firm is located in downtown Los Angeles. We can take all personal injury cases based in California.

We Seek the Most for You After Rear-End Car Accidents in Los Angeles

All car accidents upend your daily life, leaving you with injuries of varying degrees that can keep you away from work and destabilize your financial health. Our attorneys believe in justice and that you should be compensated by the wrongdoer if your car is rear-ended.

Navigating the insurance and legal systems is difficult for those with no experience and who are suffering with injuries that need time to heal. Insurers want to diminish a settlement, leaving you without a way to keep up financially. If you are in a rear-end car accident in Los Angeles, do not allow an insurer to determine the compensation you receive. Our interests are your interests, and we can help you now. Contact us to discuss your legal options.