The most common type of accident according to the National Highway Traffic Safety Administration (NHTSA) are rear-end collisions. They make up over 30% of all car accidents.
For many, this may not come as a surprise with the growing number of smart devices and GPS units in our vehicles. There is little doubt that these devices have created distracted drivers and the root cause of many rear-end collisions. There is some good news. When it comes down to who is at fault it is usually straightforward with a rear-end accident.
Determining Liability for a Rear-End Accident
There are only a limited number of situations that an individual that rear-ends another vehicle is not found negligent. Some of those reasons can be are:
- “Brake-checking” (slamming on the brakes without a valid reason)
- Reversing suddenly
- Continuing to drive with a mechanical problem or flat tire and not using hazard lights or pulling over, and
- Not repairing a broken brake light or other faulty equipment.
Outside of one of these incidents determining who is a fault in a rear-end car accident liability is straightforward. The remaining problem is calculating damages. This can be a bit more tricky to determine.
Car Accident Whiplash-Type Injuries
If you are injured in a rear-end collision and it is your car that was hit, it is a good bet you could suffer from whiplash. This is a common injury from your head being whip back in a sudden motion. This can cause injury to your neck, shoulders, and upper back.
This type of injury is often just soft tissue. They are also difficult to prove and quantify. Torn muscle, broken bones, or nerve damage is easier to prove. Strains and sprains are evident in medical tests like MRI, but it is very hard to prove the extent of the injury.
The primary measure of whiplash injury will come from complaints of pain and discomfort like neck pain, headaches, blurred vision, and back or shoulder pain. This also means the injured party has the opportunity to exaggerate their injuries and automobile insurance companies are very skeptical of whiplash claims.
Many personal injury car accident attorneys no longer use the term “whiplash.” Instead, they refer to them as cervical strains and sprains. This allows attorneys to help their clients get the compensation they are entitled to.
Call the Syracuse Car Accident Attorneys – Don’t Go It Alone!
Don’t try to settle your car accident claim by yourself. Get help you need from an experienced Syracuse car crash attorney to maximize your insurance compensation and fight for a fair settlement after your collision. At McMahon Kublick PC we’ve been going after insurance companies for over four decades and we absolutely refuse to let them take advantage of you.
Whether the collision happened in Syracuse, Utica, Cortland, Watertown or anywhere in New York State, contact us today for a free case review and consultation. Call us now at (315) 424-1105 for a free virtual or in-person consultation. We’re a family-owned law firm, so let our family help yours.
