Rear-End Collision Claims Lawyer
Phoenix Motor Vehicle Accident Lawyers for Rear-End Collisions
Rear-End Collision Claims are one of the most common types of motor vehicle accident cases we see in our legal practice. With the advent of the freeway system in Phoenix, incidents involving rear-end crashes between motorists are far more typical than intersection accidents. If you or a loved one suffered a rear-end collision, it’s important to seek legal help from experienced Phoenix motor vehicle accident lawyers. Hirsch & Lyon are ready to fight for your rights. Contact us today to discuss your case options and eligibility for compensation.
I was rear-ended
Car accidents can be unsettling and stressful experiences. Here are 5 steps you should consider taking if you’ve been rear-ended:
- Ensure Safety: First and foremost, check yourself and any passengers for injuries. If there are injuries, call 911 immediately for medical assistance.
- Move to a Safe Location: If possible, move your vehicle to the side of the road or a safe parking area to avoid blocking traffic and reduce the risk of further accidents.
- Exchange Information: Exchange contact and insurance information with the other driver. This includes names, phone numbers, addresses, insurance company names, and policy numbers.
- Document the Scene: Take photos of the accident scene, including damage to both vehicles, license plates, and the location of the vehicles. This documentation can be valuable later for insurance claims or legal matters.
- Notify the Police: In many jurisdictions, it’s required to report accidents to the police. Even if it’s not mandatory, it’s often a good idea to have a police report for insurance purposes.
Call our expert rear-end collision lawyer now at 602-535-1900 to discuss your case.
Why are Rear-End Collisions Dangerous?
While automotive engineers have been able to equip cars with safety devices that better protect people in rear-end accidents than in intersection or crossing accidents, injuries in rear-end accidents are still very prevalent. Despite advanced headrests, seat belts, padding and other safety measures, when one vehicle strikes into the back of another, whiplash or a cervical sprain/strain is still the most common car injury that we handle. The muscles and ligaments in our necks are not designed to suffer a sudden hyper extension of the neck followed by a violent flexing of the neck in the opposite direction, the result of which is whiplash. In many accident situations, people experience pain not only in the neck between the shoulder blades and in the lower back, but also sustain a herniated or bulging disc that results in pain radiating down their arms or legs.
Minimal Impact Soft Tissue Injuries (MIST)
When a rear-end collision takes place, insurance adjusters may use the term “soft tissue injury” in an attempt to minimize your injuries. However, having represented victims of a rear-end collision for many years, the attorneys at our firm know far too well just how painful and debilitating these injuries can be. We also know that these cases can be particularly challenging when there is very little damage to the vehicles involved in the collision. The insurance industry often designates these accidents as “low-impact accidents” and categorizes the injuries as minimal impact soft tissue (MIST) injuries.
Who is at fault in a Phoenix rear-end collision?
Am I always at fault for a rear end?
In most cases, the driver who rear-ends another vehicle is considered at fault in a rear-end collision. This is a general rule of thumb in traffic law and insurance claims because, in the majority of instances, the following principles apply:
- Duty to Maintain a Safe Following Distance: Drivers are generally required to maintain a safe following distance behind the vehicle in front of them. This distance allows them to stop safely if the vehicle in front suddenly brakes or comes to a stop. Failing to maintain a safe following distance is often seen as negligent driving.
- Presumption of Negligence: When a rear-end collision occurs, there is a presumption that the driver who rear-ended the other vehicle was not following at a safe distance or was not paying proper attention to the road. This presumption can be overcome in some cases, but it places the initial responsibility on the rear driver.
However, there are situations where the rear driver may not be entirely at fault or where shared liability might apply:
- Sudden and Unforeseeable Stops: If the vehicle in front makes an abrupt and unexpected stop, and the rear driver had no reasonable opportunity to react and avoid the collision, there might be shared liability or even a determination that the lead driver was at fault.
- Multiple Vehicle Accidents: In cases involving a chain reaction or multiple-vehicle pile-up, liability can be distributed among multiple drivers based on their actions and the sequence of impacts.
- Mechanical Failures: If the rear-end collision was caused by a mechanical failure or brake malfunction in the front vehicle, liability might shift to the front driver.
- Emergency Situations: If the rear driver can demonstrate that they were responding to an emergency situation or a sudden obstacle in the road, it may affect the determination of fault.
It’s important to note that fault in a rear-end collision can vary depending on the specific circumstances of the accident and the applicable traffic laws in your jurisdiction. Insurance companies and legal authorities will typically investigate the accident and consider all relevant factors when determining liability.
If you’re involved in a rear-end collision, it’s essential to follow the steps mentioned earlier, exchange information with the other driver, and let the insurance companies and, if necessary, legal professionals handle the assessment of fault based on the evidence and circumstances surrounding the accident.
Dealing With Difficult Insurance Adjusters in Arizona
When a claim is made involving a rear-end collision in Arizona, the insurance companies will rely on their teams of adjusters, whose specific role is to deny or limit compensation in these cases. The Phoenix motor vehicle accident attorneys at our firm have dealt with these adjusters for many years, and we have developed successful methods to obtain fair compensation for our clients. These types of accidents often result in extraordinarily painful and life-altering injuries. The Arizona accident lawyers at Hirsch & Lyon will launch a meticulous investigation to prove your case. We truly care about you and your family and are committed to making sure you receive the monetary compensation you need to recover from your accident.
Contact Our Phoenix Motor Vehicle Accident Lawyers Today for Help with Your Arizona Car Accident Claim
While Arizona car accidents may be a common occurrence, they can change the course of your life in an instant. Whether the person who struck your vehicle was talking on a cell phone, driving aggressively, tailgating your car or engaging in other unsafe driving practices, Hirsch & Lyon Accident Law P.L.L.C. is here to help. We provide free case evaluations in rear-end collision cases throughout Arizona and handle all cases on a contingency-fee basis. Call our expert rear-end collision lawyer now at 602-535-1900 to discuss your case with one of our Phoenix car accident lawyers.