Delaware Car Accident Lawyers Fighting Hard for Their Injured Clients
Helping Survivors of Rear-End Accidents Get the Compensation They Need
Rear-end accidents are a common occurrence. While many of these car accidents are minor fender-benders, others are far more serious, resulting in significant injuries. According to the National Highway Traffic Safety Administration, rear-end crashes are the most frequently occurring type of collision, accounting for approximately 29 percent of all crashes.
These accidents are not only frightening and potentially dangerous, but they are also largely preventable. Many rear-end crashes are the result of distracted driving, speeding, or tailgating. Even minor rear-end fender-benders can result in serious head, neck, or back injuries for individuals traveling in the leading vehicle. The good news is that when drivers slow down and pay attention, most of these accidents can be avoided.
Our Delaware car accident lawyers at McCann Dillon Jaffe & Lamb, LLC rely upon decades of combined experience to help those injured in rear-end collisions. As one of the only law firms in the area to have recovered multi-million-dollar settlements for our clients, we have the respect, skill, and knowledge needed to help you.
What Causes Rear-End Accidents?
Our lawyers represent clients who suffer injuries in rear-end accidents that are caused by several factors. Some common causes of rear-end accidents include:
- Distracted driving: Inattentive or distracted drivers cause far too many accidents each year. Whether it is a mobile phone, eating, drinking, or any other factor that distracts a driver, they may be responsible for their negligent actions.
- Impaired driving: Being under the influence while driving is dangerous. Far too often, impaired drivers are unable to take action to avoid an accident or adhere to the rules of traffic safety.
- Mechanical failure: Problems with a vehicle’s braking system, steering, or other component can cause rear-end collisions. If a driver knowingly operates a potentially unsafe vehicle, they may be liable for any injuries and losses they cause.
- Weather conditions: Adverse weather conditions such as blizzards and torrential rainfall wreak havoc on roadways. When conditions are dangerous, it is important that drivers reduce speed and take extra care.
What Are Common Injuries Seen in Rear-End Accidents?
Rear-end accidents can cause a wide range of injuries and symptoms. Below are some of the most frequently reported injuries linked to rear-end collisions:
- Whiplash: Drivers and passengers involved in rear-end accidents may experience whiplash, which is when the head jolts forward and then backward rapidly. As with other injuries, whiplash can be mild or severe.
- Broken bones: The more intense the impact of a car collision, the more likely broken bones can result. Depending upon the type of bone break, treatment could involve surgery and therapy.
- Back injuries: Back injuries are not unusual among people who have been involved in rear-end accidents. Some accident survivors end up being diagnosed with herniated discs that require significant treatment.
- Spinal cord injuries: Spinal cord injuries can involve broken vertebrae, crushed ligaments, or dislocated discs.
- Paralysis: When the impact of a car accident is so severe that it either bruises, partially tears, or completely severs the spinal cord, it usually results in paralysis that can be either temporary or permanent.
- Brain injuries: The more violent the collision, the more apt survivors will have a concussion or another type of brain injury. Brain injuries can lead to memory loss, headaches, and even personality changes.
- Soft tissue damage: Soft tissue injuries can be extremely painful and debilitating. Common symptoms of soft tissue damage caused by a car accident include soreness, swelling, discoloration, and limited range of motion.
In additional to the physical pain and suffering that goes along with these types of injuries, individuals involved in especially severe rear-end accidents may suffer emotional symptoms, including anxiety, PTSD, and other mood disorders.
Being hit from behind when you least expect it can be incredibly traumatic. Getting emergency medical attention allows you to have the earliest possible diagnosis and gives you the best chance of recovery.
What Should I Do After a Rear-End Accident?
Unsuspecting motorists can find themselves involved in a rear-end accident that causes serious injury and damage at any time in a variety of locations. It is important to know the steps to take after a rear-end accident:
- Seek medical attention: It is essential to seek immediate medical attention after being involved in a car accident, regardless of whether or not you believe your injuries are serious.
- Get to safety: If you can drive your car, it is important to pull it over to the side of the road to prevent an additional accident.
- Call the police: It is crucial to call the police or 911 regardless of the severity of the car accident or injuries. You will need a police report and should also obtain all possible assistance and documentation from emergency medical providers.
- Take photos: It is helpful to have pictures of the road, proof of weather conditions, your physical injuries, and any damage to vehicles.
- Exchange information: It is important to get the names, phone numbers, and insurance information of all those involved in the accident. Be sure to get contact information from eyewitnesses as well.
- Notify your insurance company: Report the car accident to your auto insurance company as soon as possible to facilitate the claims process.
- Contact a car accident lawyer: This is one of the most important steps to take after being involved in a car accident. A knowledgeable attorney will file claims against all negligent parties and handle the details of your car accident case from start to finish.
Comparative Negligence in Delaware Rear-End Accidents
In the state of Delaware, the legal principle of comparative negligence applies. That means that injured persons may be entitled to recover damages for their injuries, even if they are partly to blame for the accident.
It is important to note that an injured person’s share of the liability may impact the amount of damages that they are permitted to receive. Having an experienced Delaware car accident lawyer is a great resource for understanding how the comparative negligence system works.
Establishing negligence is an important part of rear-end accident claims. Negligence is when a person’s conduct or behavior falls short of the established standard of care. To prove that a tailgating driver was negligent, and that careless behavior caused your accident, it must first be proven that a duty to exercise care while operating the vehicle existed.
Next, it must be proven that the other driver breached that duty when they stopped paying attention or were tailgating before they hit your vehicle from behind. The leading driver may breach their duty by failing to signal or by suddenly slamming on the brakes.
Who Is Liable for a Rear-End Accident?
In most cases, the tailgating driver is at fault for a rear-end accident, especially when they engage in reckless behaviors like speeding, following too closely, or driving while distracted. There are, however, a few scenarios where the leading driver may be responsible, or partly responsible, for a rear-end accident.
For example, if the leading vehicle’s brake lights or signals are broken, the person driving behind them is unable to anticipate their movements and react accordingly. Also, if the leading driver brakes suddenly and unexpectedly, the tailgating driver may have insufficient time or space to react and avoid a crash. Brake checking is an aggressive driving tactic that can lead to a serious rear-end collision.
How Can a Car Accident Lawyer Help Me?
Our lawyers understand that being involved in a car accident can be a stressful and overwhelming experience. Our legal team has years of experience handling car accidents cases, securing millions of dollars in settlements and verdicts on behalf of our injured clients.
Car accidents cases can be complex, especially when you are trying to recover from your physical and/or emotional injuries. A car accident lawyer will put your mind at ease, discuss the best strategy for your case, identify who is liable for the car accident, consult with experts and medical professionals, and negotiate claims or take your case to trial.
Delaware Car Accident Lawyers at McCann Dillon Jaffe & Lamb, LLC Represent Those Injured in Rear-End Accidents
Our Delaware car accident lawyers at McCann Dillon Jaffe & Lamb, LLC regularly represent injured survivors of rear-end accidents. If you were involved a rear-end collision and suffered injuries, call us at 302-888-1221 or fill out our online form to schedule a free consultation. Located in Wilmington, Delaware, we serve clients in Dover, Newark, and Middletown.