Many common fact patterns for rear-end collisions involve drivers who are not paying attention. Distracted driving can take the form of texting while driving, which is unfortunately common amongst drivers of all ages.
If you have been the victim of this type of accident, you should consult with a seasoned car accident attorney at Berry Law. A rear-end accident lawyer in Lincoln, NE, can inform you of the specific recoverable damages that may be available to you.
Assigning Fault in a Rear-End Car Crash
When assigning fault in a rear-end car crash, an experienced attorney will analyze the facts of the case. There are numerous factors that could contribute to assigning fault. If the car that was rear-ended suddenly stopped in the middle of the road and was hit from behind, a jury may question why the driver from behind did not react in time.
If it is found that the driver from behind was not paying attention to the road at the time of an accident, he/she may be held liable for damages. Individuals involved in this type of crash should consult with a car accident lawyer who has experience establishing negligence.
Role of Comparative Negligence in Rear-End Auto Crashes
Comparative negligence plays a significant role in rear-end accident cases. All drivers have a duty to use reasonable care to avoid causing injury to other people.
If it is found that both drivers are at fault for the accident, the victim may have their damages reduced by whatever percentage they are at fault. For example, if it is found that the victim is 30% at fault for the accident, their compensation award could be decreased by 30%.
Dealing With an Insurance Company After a Rear-End Crash
The adjuster from the other driver’s insurance company may appear helpful and sympathetic when you initially make a claim. Insurance companies gain financial success by minimizing your claims, and they do just that. When it comes to paying you, however, they are more inclined to minimize your injuries, reject your claim as unimportant, or both.
The severity of your injuries and the trauma endured must be compensated adequately. Unpaid medical costs, job difficulties, and mounting pressure may add to a stressful situation. In this case, the right course of action for you would be to consult a rear-end accident attorney in Lincoln, NE.
The insurance companies may be harsh, but our lawyers are compassionate and understand your situation well. We may begin looking into your accident, gathering proof of carelessness, and representing your interests to land you the compensation you deserve.
Berry Law’s Team Provides You With Multiple Attorney Perspectives
Compensation You Can Claim in a Rear-End Accident Case
You may seek compensation for both economic or non-economic losses. In contrast to monetary losses, which can be calculated with relative ease, calculating non-economic damages often requires the expertise of professionals.
Examples of economic damages in case of rear-end crash include:
- Hospital treatment bills
- Loss of wages
- Future medical costs
- Property damage
Examples of non-economic damages in a rear-end car crash include:
- Pain and suffering
- Emotional distress
- Loss of consortium
- Loss of enjoyment of life
Legal procedures might get complex which is why you need lawyers that can assist you in avoiding the hassle of negotiating for a reduced insurance premium. Generally, insurance companies will provide settlement offers for the lowest possible amount. Before agreeing to anything with an adjuster, speak to our Lincoln rear-end accident attorneys.
Methods Used by Attorneys When Establishing Liability
When establishing liability in rear-end collision cases, an attorney may try to uncover any traffic citations issued against the defendant. If the driver at fault was cited by law enforcement and pleaded guilty to the traffic offense, liability could be easily established.
In Nebraska, specifically, violation of traffic laws is not per se (as a matter of law) negligence, but it plays a significant factor. For more information, be sure to get in touch with a Lincoln rear-end accident lawyer.
The Importance of Contacting a Lincoln Car Accident Attorney
It is essential to get in touch with an attorney shortly after an accident and before getting in touch with your insurance company. An insurance company may want to settle your claim as soon as possible. And as part of that settlement, the insurance company may demand that the injured party sign a release of all liability.
This release would settle all damages and injuries, including injuries that may not be known. To secure full compensation, contact a Lincoln rear-end accident lawyer today to get started on your claim. Our lawyers at Berry Law are committed to your case and will fight tooth and nail to get you the compensation you deserve.