Orlando Personal Injury Lawyer
The Francis Law Group
Filing a Claim for Damages after Rear-end Collisions
Most rear-end collisions don’t cause serious injuries. Some don’t cause injuries at all. Victims of these accidents may rely on their personal injury protection (PIP) coverage to pay for their medical bills. This is a no-fault coverage that all Florida drivers have to carry.
But rear-end accidents might also cause moderate or severe injuries. In this case, the driver who caused the wreck may be liable for the other driver’s damages.
Why do rear-end collisions happen?
One of the most common causes of rear-end car accidents is driver inattentiveness or distracted driving. When a driver is looking out the window, talking on a cell phone, using a GPS, texting, changing the radio, eating, engaging in personal grooming activities, or otherwise distracted while driving, it puts him and other drivers at risk of a rear-end collision.
Other times, speeding, following too closely, driving aggressively, or driving while impaired can contribute to a rear-end accident. In some cases, a rear-end collision may not necessarily be the fault of one of the drivers, but can instead be the result of poor road surface conditions or improperly working brakes.
Injuries from a Rear-end Collision
While injuries from a rear-end collision tend to be less serious than injuries sustained from other accident types, they are by no means insignificant. Some can even be quite serious, especially if the car that rear-ends the other is traveling at a high rate of speed. Drivers’ seatbelt use can also affect injury severity.
Below are some types of injuries that victims might sustain.
- Head injuries
- Broken bones
- Cuts or lacerations
- Back injuries
- Seatbelt burn injuries
- Whiplash injuries
Whiplash injuries are one of the most well-known injury types that drivers sustain in rear-end collisions. According to the Mayo Clinic, the majority of people who sustain a whiplash injury will recover without serious medical intervention within a few months. Sometimes, though, whiplash is severe enough to cause discomfort or pain for years. While surgery may not be necessary for a whiplash injury, a patient may require muscle relaxants, pain medication, physical therapy, and more to correct the injury and restore optimal function.
Who’s at fault for a rear-ended car accident?
In most cases, the driver who rear-ended the other driver is at fault for the accident, but not always. If the driver hit from behind did something illegal or negligent, then he or she may be responsible. For example, cutting in front of another driver and quickly slamming the brakes could leave the driver who was hit at fault for the accident.
As noted above, each driver’s own PIP coverage should cover their injuries. But moderate to severe injuries might lead to medical expenses beyond the coverage available on one’s own PIP policy. In this case, the victim of the accident can pursue a liability claim against the at-fault driver to recover full damages, like medical bills, physical therapy, lost wages or earning capacity, pain and suffering, and more.
If you sustained a permanent and severe injury from a rear-end collision, and if the other driver caused the accident, then you have four years from the date of your accident to file your claim.
Contact a Car Accident Attorney for Legal Help Today
If another driver ran into you in a rear-end collision and if you suffered injuries, contact the Francis Law Group. We can help you get the compensation you need and deserve. If you have questions about Florida’s insurance laws or how to file your claim and recover damages, call us today at 888-327-2745. You can also fill out our online contact form to set up a consultation with a lawyer.