Protect Your Legal Rights After a Rear-End Collision

How to Protect Your Legal Rights After a Rear-End Collision?

Rear-end collisions are a frequent occurrence on Arizona roads, often leading to severe injuries and complex legal challenges. Protecting your legal rights after such an accident involves promptly gathering evidence, seeking medical attention, and consulting with a knowledgeable attorney. Victims of these accidents require strong legal support to navigate the aftermath, secure compensation, and ensure their rights are protected.

Understanding your legal rights is vital for victims seeking justice and fair compensation. According to the Arizona Department of Transportation, there were over 119,991 motor vehicle crashes in Arizona in 2022, with a significant number being rear-end collisions (Arizona Department of Transportation, 2023). The Sorenson Law Firm is dedicated to offering the essential support needed to guide you through this process and ensure your rights are protected.

Why Victims Need Legal Support

Victims of rear end collisions often face not only physical and emotional trauma but also the daunting task of dealing with insurance claims, medical bills, and potential legal battles. Immediate legal support ensures that victims can focus on recovery while their rights are aggressively defended. The complexities of determining fault, dealing with insurance companies, and navigating the legal system necessitate professional assistance.

Initial Legal Actions After a Rear End Collision

The steps taken immediately following a rear end collision can significantly impact the outcome of any subsequent legal action. Victims should prioritize safety by moving to a secure location and checking for injuries. It is important to call the police to report the accident and create an official record, which can be invaluable in legal proceedings.

1. Safety First: Ensure that all parties are safe and call emergency services if necessary.
2. Document the Scene: Take photographs of the vehicles, the accident scene, and any visible injuries.
3. Gather Information: Collect contact information from all parties involved and any witnesses.

Documenting the Accident

Accurate documentation is essential in building a strong legal case. Victims should take photographs of the vehicles, the accident scene, and any visible injuries. Additionally, detailed police report will provide an objective account of the accident, which can be pivotal in determining fault. Collecting witness statements and contact information can also strengthen a legal case. Make sure to follow the below steps:

1. Photos and Videos: Capture multiple angles of the accident scene and vehicle damages.
2. Witness Statements: Gather contact information and statements from any witnesses.
3. Police Reports: Ensure a police report is filed and obtain a copy for your records.

Collecting Evidence

In addition to photographs and witness statements, other forms of evidence can significantly strengthen your case. These include dashcam footage, surveillance videos from nearby businesses, and data from the vehicles’ event data recorders (EDRs). This comprehensive evidence can provide a detailed view of the events leading up to the collision and support the victim’s claims.

1. Dashcam Footage: If available, this can provide clear evidence of the collision.
2. Surveillance Videos: Nearby businesses or traffic cameras may have recorded the accident scene.
3. Event Data Recorders (EDRs): These can offer data on vehicle speed and braking patterns at the time of the collision.

Seeking Medical Attention

Regardless of the perceived severity of injuries, victims should seek immediate medical attention. Some injuries, such as whiplash or internal injuries, may not be immediately apparent. Medical records serve as key evidence in personal injury claims, demonstrating the extent of injuries and the necessary treatments.

1. Immediate Medical Evaluation: Seek medical attention as soon as possible after the accident.
2. Documenting Injuries: Keep detailed records of all medical treatments and follow-ups.
3. Follow Up Care: Continue medical care and follow all prescribed treatments.

Determining Fault in Rear End Collisions

Fault in rear end collisions is generally assigned to the driver who rear ended the vehicle in front. However, exceptions exist, particularly when the lead driver’s actions contribute to the accident, such as brake checking or having malfunctioning brake lights. 

While the rear driver is typically presumed at fault, each case is unique. Factors such as sudden stops, road conditions, and driver behavior play important roles in fault determination. Legal proceedings will consider all these elements to ensure a fair assessment of responsibility.

In Arizona, the principle of comparative negligence allows for fault to be distributed among all parties based on their degree of responsibility.

Is Brake Checking Illegal?

Brake checking, the act of intentionally slamming on brakes to force a vehicle behind to slow down, is illegal in Arizona. It is considered a form of aggressive driving and can lead to severe penalties, including fines and license suspension. Brake checking not only endangers lives but also complicates the determination of fault in accidents.

Is the Brake Checker At Fault for a Rear End Collision?

When a brake checker causes a rear end collision, they can be held liable for the resulting damages. Arizona law recognizes the aggressive nature of brake checking and assigns fault accordingly. However, the rear driver may still bear some responsibility if they were following too closely or not paying attention.

1. Liability: Brake checker can be held liable for damages.
2. Shared Responsibility: Rear driver may also share fault if following too closely.
3. Legal Precedents: Case studies and legal precedents in Arizona.

Car Accidents and the Concept of Negligence

Understanding Negligence

Negligence is the failure to exercise reasonable care, resulting in harm to others. In the context of rear end collisions, negligence can manifest as distracted driving, speeding, or failure to maintain a safe distance. Establishing negligence is essential for holding the at fault party accountable.

1. Definition: Failure to exercise reasonable care.
2. Examples in Rear End Collisions: Distracted driving, speeding, tailgating.
3. Proving Negligence: Gathering evidence to establish negligence.

Comparative Negligence vs. Contributory Negligence

In Arizona, the concept of comparative negligence is used to determine fault. This means that each party’s level of responsibility is assessed, and damages are awarded based on their percentage of fault. 

Arizona follows a pure comparative negligence system, allowing victims to recover damages even if they are partially at fault. This differs from contributory negligence, where any degree of fault can bar recovery.

1. Comparative Negligence: Fault is divided among all parties based on their degree of responsibility.
2. Pure Comparative Negligence: Victims can recover damages even if they are partially at fault.
3. Contributory Negligence: Any degree of fault can bar recovery (not applicable in Arizona).

Possible Legal Consequences of a Collision

Legal Repercussions of Rear End Collisions

Rear end collisions can lead to various legal consequences, including civil liabilities and potential lawsuits. The at fault party may face claims for medical expenses, property damage, lost wages, and pain and suffering. In some cases, criminal charges may be filed, particularly if reckless driving or DUI (driving under the influence) was involved.

1. Civil Liabilities: Medical expenses, property damage, lost wages, pain, and suffering.
2. Potential Lawsuits: Legal action against the at fault party.
3. Criminal Charges: Possible charges for reckless driving or DUI.

Seeking Compensation

Victims of rear end collisions are entitled to seek compensation for their losses. This includes economic damages such as medical bills and lost income, as well as non economic damages like pain and suffering. An experienced attorney can lead the complex process of filing for securing compensation.

Navigating Insurance Claims

Dealing with insurance companies can be challenging. Insurance adjusters often aim to minimize payouts, so it is essential for victims to be well prepared. Providing thorough documentation and evidence can strengthen your claim. Legal representation can also ensure that victims receive fair compensation.

1. Challenges with Insurance Companies: Strategies to minimize payouts.
2. Thorough Documentation: Importance of providing comprehensive evidence.
3. Legal Representation: Ensuring fair compensation through legal support.

Statutes of Limitations

In Arizona, victims have a limited time to file personal injury claims, known as the statute of limitations. Generally, this period is two years from the date of the accident. Failing to file within this timeframe can result in the loss of the right to seek compensation.

Next Steps After a Rear End Collision

Steps to Take Immediately After the Accident

Safety should be the primary concern immediately following a rear end collision. Victims should move to a safe location, call the police, and exchange information with the other driver. Documenting the scene and gathering evidence is also important.

1. Immediate Safety: Ensuring safety and calling emergency services.
2. Information Exchange: Collecting information from all parties involved.
3. Documentation: Gathering evidence and documenting the scene.

Role of Personal Injury Attorneys

Personal injury attorneys play a vital role in helping victims of rear end collisions. They provide legal guidance, assist in evidence collection, negotiate with insurance companies, and represent victims in court if necessary. Their expertise ensures that victims’ rights are protected and that they receive the compensation they deserve.

1. Legal Guidance: Navigating the legal complexities.
2. Evidence Collection: Assisting in gathering and preserving evidence.
3. Negotiation and Representation: Dealing with insurance companies and representing in court.

How The Sorenson Law Firm Assists Victims

The Sorenson Law Firm is committed to supporting victims of rear end collisions. Our team takes comprehensive legal steps to build a strong case, from collecting evidence to negotiating with insurers. We understand the physical, emotional, and financial toll these accidents can take, and we strive to alleviate these burdens for our clients.

1. Comprehensive Support: From evidence collection to court representation.
2. Client Centered Approach: Focusing on alleviating the burdens on victims.
3. Proven Success: Testimonials and case success stories.

Rear end collisions can have far reaching consequences for victims. Understanding the legal aspects and knowing the right steps to take can make a significant difference in the aftermath of such accidents. The Sorenson Law Firm is here to provide the necessary legal support, ensuring that victims’ rights are prioritized and upheld. If you or a loved one has been involved in a rear end collision, do not hesitate to contact us for consultation.

Additional Resources

This article covers all outlined aspects and offers valuable information for victims of rear end collisions in Arizona from the below outlined resources. To discover more about Arizona crash facts and laws, be sure to explore these additional resources.

1. Arizona Department of Transportation. (2023). 2022 Motor Vehicle Crash Facts. Retrieved from azdot.gov
2. National Highway Traffic Safety Administration. (2023). Traffic Safety Facts. Retrieved from nhtsa.gov
3. Arizona Revised Statutes. (2023). Title 28 – Transportation. Retrieved from azleg.gov
4. University of Arizona Law Review. (2023). Rear End Collision Liability in Arizona.