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Establishing Negligence After a Rear-End Accident

The National Highway Traffic Safety Administration (NHTSA) reports that there are 2.5 million rear-end collisions in the United States each year. Not only do rear-end accidents constitute 40% of all traffic crashes in the country; they are also the most common type of motor vehicle accident in the world.

Even so, many people downplay the physical and financial hardships that regularly accompany rear-end collisions, and often presume that an injured plaintiff is just out for a “quick buck.” In truth, rear-end accidents frequently lead to catastrophic injuries that require immediate medical attention and costly surgical procedures. Oftentimes, to avoid destitution and bankruptcy, a survivor’s only recourse is to pursue monetary damages through civil litigation. This is particularly true if the survivor is unable to hold gainful employment due to their injuries and

The following injuries can be sustained in a rear-end accident:

  • Traumatic brain injuries (TBI)
  • Head injuries
  • Neck injuries
  • Spinal cord injuries
  • Internal injuries

Who Is “At-Fault?”

Rear-end collisions are often caused by distracted, fatigued and intoxicated drivers. Distracted driving, in particular, has become a cause of national concern, especially with the advent of cell phone technology and hands-free devices. Most people assume that the outcomes of these cases are a foregone conclusion: the following driver rear-ended a vehicle and is therefore automatically responsible for the crash.

However, all personal injury cases – including claims involving rear-end collisions – are nuanced, particularly in Nevada, which is why all accidents victims need to retain legal representation before filing a claim or negotiating with insurance company representatives.

To secure a positive case result, your attorney needs to prove:

  • The defendant was negligent in connection with the accident
  • The defendant breached their duty while operating a motor vehicle
  • The defendant’s breach of duty caused the collision
  • The plaintiff consequently suffered bodily harm, property damage, and/or financial losses

Drivers have an obligation to practice safe driving habits and observe state and federal laws when operating a motor vehicle. An accident usually occurs when a driver fails to respect this onus.

In most cases, the driver of a rear-ending vehicle is at least partially responsible for an accident. Drivers need to keep a safe distance when following other cars, especially since it’s not unusual for a vehicle to unexpectedly stop or slow down to avoid a potential hazard. In other words, there should always be enough space between two vehicles to prevent a rear-end collision.

A lawyer can investigate your case and prove the defendant breached their duty of reasonable care by:

  • Failing to follow your vehicle at a safe distance
  • Failing to pay attention to the road
  • Failing to drive at a reasonable speed
  • Failing to slow down or stop before impact
  • Failing to maintain control of their vehicle
  • Failing to yield the right of way
  • Failing to use turn signals

The legal impact of a driver’s negligence depends on the circumstances of the accident. For example, your right to damages may be affected if the defendant’s legal team can prove you reversed into the vehicle, weaved through traffic, or exhibited other negligent behaviors. The attorneys at Bernstein & Poisson have over 60 years of collective legal experience and the resources to thoroughly investigate your case. By collecting evidence and calculating your injury-related expenses, we can develop a litigation strategy that proves the defendant is responsible for your injury-related losses. We can also negotiate with the defendant’s insurance company to make sure you’re awarded a settlement that reflects your financial needs. If the insurance company refuses to negotiate, our skilled litigators can represent your case in court and help you secure a favorable verdict.

Explore Your Legal Options by Scheduling a Consultation Today

Contact Bernstein & Poisson if you or a loved one has been rear-ended by a negligent driver. Our legal team has been offering clients exceptional legal services and compassionate guidance since 1983. We can help you recover monetary damages that provide for your lost wages, medical expenses, loss of earning capacity, and more.

We’re available 24/7! Contact Bernstein & Poisson at (702) 602-8869 to schedule a free, no-risk consultation. If your injuries prevent you from coming to our office, we can meet at your home or hospital room.