Can You Sue a Driver Who Rear-Ends You?

Article Summary

• A rear-end collision is one of the more common accidents on the road, but they shouldn’t be taken lightly. Many of these types of accidents can cause serious injuries and vehicle damage.
• When someone is rear-ended, they do have the right to collect compensation for the damages. The amount of compensation depends on several factors. 
• Generally, compensation increases based on the severity of the injuries and damage that is caused, so it’s important to document the full scope the accident has had.
  

As a driver, getting rear-ended is not only a frustrating experience to have to deal with, it can also result in injuries and legal claims that many may have never seen coming. Because rear-end collisions are pretty common, they can often be downplayed for their severity, sometimes earning the nickname “fender bender.” 

It’s important to take them seriously, for a number of reasons.

Rear-end collisions, even low-speed crashes, have the potential to cause an incredible amount of damage. Physical injuries and damage to a vehicle or vehicles, especially if the initial rear-end collision pushes the car it hits into another one, can be significant. Depending on the value of a vehicle and the damage it incurs in a rear-end collision, it’s possible that an insurance company may total the car rather than repair it.

And not everybody can afford to lose a vehicle, if even for a brief period of time. 

Understanding Rear-End Crash Compensation

After a rear-end collision, several factors need to be evaluated so the most pressing questions can be answered. It’s common to wonder if you may need a rear-end accident lawyer or how to determine rear-end accident fault. Receiving guidance from an experienced personal injury attorney, like an Arizona car accident lawyer at Torgenson Law, is especially helpful in the hours and days that follow a rear-end collision as details are sorted out.

Rear-end accidents can be caused by distracted driving, tailgating, speeding or failure to stop, and although fault is generally assumed, it is still possible for liability to be contested. Arizona’s comparative fault statute allows for compensation to be collected by a party even if they are partially at fault for an accident. So it’s vital to have an experienced professional as an ally to help determine fault and, ultimately, compensation. 

It’s also not uncommon for insurance companies to minimize the severity of rear-end accidents. These are just some of the reasons why Torgenson Law clients have appreciated having a rear-end collision attorney by their side as they deal with insurance claims following an accident.

An experienced attorney can also help determine the level of reasonable compensation that an injured party should receive, which could increase based on the severity of the injuries sustained in the accident, the treatment needed for those injuries, the wages lost due to missed work and the property damage linked to the accident. Other factors that may increase the value of a settlement include a high rate of speed at the time of the collision, serious injuries, multiple vehicles involved, and evidence of liability. 

Examples of evidence include a police report, particularly if the collision occurred while a vehicle was stopped at a red light, or footage taken from a traffic camera or dash cam. Witness footage and statements may also be helpful in determining fault. 

So if you’ve ever asked “What if someone hits you at a red light?” the answer is two-fold: get the medical attention you need and find an experienced Arizona car accident attorney. And the answer is “yes” to the question of whether you can sue a driver who rear-ends you. However, many times those cases never make it to court and instead result in a rear-end accident settlement. 

No one should navigate accident and injury cases like these alone. The team at Torgenson Law is here to support you through this process, ensuring your best interests are represented. If you or a loved one has been injured in an accident, reach out to our team today.

No pressure, no upfront costs, just answers from a legal team that takes your recovery personally.