Compensation for Rear-End Accidents
In most cases, the person who was driving a car or truck that struck another vehicle from the rear will be considered to be at fault for the collision. Victims in these cases, who may include the occupants of a vehicle that was struck from behind, passengers in any vehicles involved in a collision, or pedestrians who were hit by a car or truck, can take legal action to pursue compensation from the person who was at fault. In many cases, a driver’s insurance policy will provide coverage for those who were injured, but if necessary, a victim may pursue a personal injury lawsuit and seek to recover compensation for their damages.
When making an insurance claim or pursuing a lawsuit, a victim will usually be able to negotiate a settlement, or an amount that they will receive to address their injuries and damages. A settlement may provide compensation for:
- Past medical expenses – A victim may be fully compensated for the costs of all medical treatment received for injuries suffered in a collision. These injuries may include whiplash, concussions, broken bones, back and spine injuries, strained muscles, or dislocated joints. Depending on the severity of an injury, medical treatment may include emergency care, hospitalization, surgery, physical therapy, medications, and other forms of ongoing treatment.
- Future medical expenses – Victims may also be compensated for medical treatment that they may reasonably be expected to need in the future. In some cases, the dollar amount of future care the victim needs far exceed the amount of treatment received in the months after the accident
- Past and future impairment – If a rear end collision causes impairment of the victims body or appendage, they may recover damages for the impairment. This includes both past impairment and impairment that they can reasonably be expected to endure in the future.
- Past and future disfigurement – Severe rear end collisions often cause disfigurement, which takes the form of scarring, amputation, or abrasions. A victim may also recover for the disfigurement in the past and in the future
- Past and future loss of income – When recovering from an injury, a person may be unable to work, and in some cases, victims may suffer permanent impairments that affect their ability to earn an income. A person should be compensated for the income lost while recovering, as well as the loss of future income due to a disability.
- Past and future loss of earning capacity – To the extent an injured person’s ability to earn an income is impaired, they may recover money damages for this loss. This often takes the form of not being able to physically perform their assigned job duties or chose a profession.
- Property damage – The costs of repairing or replacing a vehicle damaged in a rear-end collision should be addressed. A victim may also be compensated for any other property that was damaged, such as valuables being transported in the trunk of a car that was struck from behind. Surprisingly, this also includes damage or death to pets or livestock.
- Past and future pain, suffering, and mental anguish – In addition to addressing monetary losses, a victim may receive compensation for the ways they and their family have been personally affected by a rear-end accident. A settlement may address the physical pain a person has suffered, as well as the ongoing emotional trauma they have experienced.
- Past and future loss of consortium – Loss of marital relations, for example being unable to be intimate with a chosen partner, is also recoverable. While not present in every accident, in some cases, this aspect of the victim’s accident, far exceed the value of all other damage. The victim may recover damages for both the past and future loss of marital relations.
Contact Our Carrollton, TX Rear-End Accident Attorney
Following a rear-end collision, victims will want to make sure they are taking the right steps to receive the full amount of compensation they deserve. At Hartley Law Firm, we can speak to insurance companies on your behalf and help you negotiate a settlement that will fully address your needs, and we can also help you determine your options for pursuing a lawsuit to recover compensation for your damages. To set up a free consultation and get legal help with your case, contact our Carrollton car accident lawyer at 469-289-6063.