Can You Sue for a Rear-End Collision?

A rear-end collision can leave someone with thousands of dollars in medical bills, lost income, and vehicle repairs. If this has happened to you, you are likely concerned about how to cover the cost of these unexpected expenses. 

Car accident victims may be able to file a claim and recover money through the insurance company. In situations where the insurance company does not cover your losses, it may be necessary to sue the at-fault party. 

An experienced car accident attorney with Phillips Law Group can investigate your case, offer legal advice, and help you pursue your best option to recover compensation. Schedule a free, no-obligation case review today. Call us 24/7 at 1-800-706-3000 or complete the free case evaluation form. 

Who is Usually At Fault for Rear-End Collisions?

Rear-end collisions are one of the most common types of car accidents that drivers get involved in. Typically, when two drivers are in a rear-end collision, the driver behind is the one responsible for the accident. 

However, there are some exceptions where the front driver or another driver is to blame for the collision. For example, if the lead car’s brake lights were not working or the driver was under the influence of alcohol, he or she could be to blame for the accident. In Arizona, the driver who caused the accident is liable for damages. 

Common Causes of Rear-End Collisions

All drivers have a duty of care to drive responsibly. This includes maintaining a safe following distance to allow for sudden braking. Unfortunately, many drivers do not take seriously the obligation to drive responsibly. For this reason, driver error is the most common cause of rear-end collisions. 

Common driver errors that result in rear-end accidents include:

• Distracted driving: Many collisions are caused by drivers failing to pay attention to the road and vehicles that are in front. Common driver distractions include texting, talking on the phone, programming the GPS, and adjusting the radio.
• Tailgating: A reckless driver may tailgate a vehicle out of road rage or if he or she is running late and in a hurry. Safe drivers maintain a space cushion between his or her vehicle and the vehicle in front to allow time to brake quickly if needed.
• Speeding: Driving over the posted speed limit or too fast for road conditions is another common cause of rear-end accidents. Speeding is dangerous because it increases the force of the impact when the collision occurs.
• Fatigued driver: A driver who is drowsy or overly fatigued can be just as impaired as someone under the influence of alcohol. A tired driver may not have the reflexes to brake quickly if the driver in front stops suddenly or could even fall asleep at the wheel and crash into the vehicle in front. 
• Driving under the influence: According to a recent annual report, almost 40 percent of all alcohol-related crashes in Arizona are rear-end collisions. Alcohol affects a person’s judgment, depth perception, and vision. This can result in tailgating, speeding, and other poor driving decisions.

Options for Compensation Following a Rear-End Collision

After being involved in a rear-end collision, your first option for recovering compensation should be with the insurance company. If you are unable to recover fair or sufficient compensation through the insurance company, you may choose to sue the driver or another at-fault party. 

Filing a claim with the insurance company

Which insurance company you file a claim with will depend on who is to blame for the accident and whether you live in a fault or no-fault state. In a “no-fault” state, each driver will file a claim with his or her own insurer regardless of fault. 

Arizona is an “at-fault” state. This means that whoever is responsible for the accident is also financially liable for it. 

All vehicle owners in Arizona are required to carry the following insurance requirements:

• Bodily injury liability coverage: Minimum $25,000 person / $50,000 per accident
• Property damage liability coverage: Minimum $15,000
• Uninsured/underinsured bodily injury coverage: Minimum $25,000 per person / $50,000 per accident

In order to recover compensation from the other party’s insurer, it must be established who was at fault for the rear-end collision. A car accident attorney can help you gather the evidence needed to prove the other driver was responsible for the auto accident. 

Unfortunately, filing a claim for compensation with the insurance company is not always as easy and straightforward as it should be. The insurer may offer you a low settlement or even deny your claim outright. You may then choose to file a lawsuit to recover damages. 

Suing the negligent driver or a third party

Though the majority of car accident claims are settled through negotiations with the insurance company, there are some situations where you may choose to sue for damages. For instance, if your injuries are severe and your medical bills exceed the insurance coverage, you may need to sue to get your medical expenses fully covered. 

Another reason why you may choose to file a lawsuit is if a third party is fully or partially to blame for your rear-end accident injuries. 

You may be able to sue one or more of the following third parties after a rear-end collision:

• Employers: If you were rear-ended by a delivery driver or someone else who was working at the time of the accident, the driver’s employer may be liable for your losses. 
• Bars or restaurants: Dram shop laws make it illegal for bars and restaurants to continue serving a patron who is visibly intoxicated. If an intoxicated driver caused your rear-end collision, the bar or restaurant could be liable.
• Government entities: The entities that are responsible for designing and making roads, traffic signals, crosswalks, and more could be held accountable if they created unsafe driving conditions. 
• Parts manufacturers: A parts or vehicle manufacturer could be sued if a design or manufacturing defect caused your car accident. 

A Car Accident Lawyer Can Help You Sue for Your Rear-End Collision

A car accident lawyer can help you determine what your best option is for getting compensation following a rear-end accident. If you are going to sue for damages, your lawyer will need to begin gathering evidence to support your claim. 

Evidence used to build your case may include:

• Police reports
• Photos of the accident scene
• Video surveillance footage
• Medical records
• Receipts for vehicle repair costs
• Cell phone records
• Pay stubs proving lost wages

Once the evidence has been compiled to support your case, a complaint will be filed and the suing process will begin. The official complaint will state what happened, how you were injured, and what you are requesting as compensation. 

Even after you have filed a complaint, your case can still be settled out of court if you can reach a fair agreement with the defendant. Filing a lawsuit shows the negligent party that you are serious about seeking money for damages. 

Our Rear-End Accident Attorneys Are Here to Help

If you were injured in a rear-end collision accident and are unsure of how to recover compensation for damages, do not hesitate to speak to a car accident lawyer today. Many factors can contribute to a motor vehicle accident, including the actions or inactions of a not-yet-identified third party. An attorney knows every stone to unturn, though, to explore all your options for compensation. 

If it is determined that you need to sue for damages, Phillips Law Group is here to help. We have almost 30 years of experience litigating car accidents and other personal injury cases and have helped our clients recover over $1 billion in damages. 

Schedule a free, no-obligation review of your rear-end accident case. Call us at 1-800-706-3000 or complete the free case evaluation form.