Phoenix, AZ Rear End Accident Lawyers
Arizona car accidents occur daily, and by far the most common type is the rear-end collision. The injuries sustained in these collisions are often serious and debilitating, resulting in the need for prolonged medical care and possibly death, in severe circumstances. If you or someone you care about has been hurt in a rear-end crash due to another’s negligence, you may be eligible to pursue compensation for your injuries and damages.
At Phillips Law Group, we have nearly three decades of experience helping injury victims and their families recover millions of dollars in compensation. This includes a recovery of $1,855,000 for the family of a victim who was fatally injured in a rear-end crash with a semi-truck and a recovery of $955,000 on behalf of a victim who sustained a concussion and traumatic brain injury (TBI) in a rear-end collision.
We encourage you to consult with our lawyers to discuss your situation in a complimentary consultation. There is no risking in reaching out to get answers to your legal questions and you are under no obligation to have us represent you. We operate on contingency, which means you pay us nothing unless we help you win.
Call our office today at 1-800-706-3000 or chat with us online.
How Do I Know I Have a Case?
There are several factors involved when it comes to rear-end accident cases. Figuring out whether you have a valid case will depend on your circumstances. This could include looking at the extent of your injuries, how long you will require medical care, property damage you sustained, and other relevant losses.
Recovering compensation means establishing negligence. The other driver must have been negligent in his or her actions or inactions and this resulted in you being injured. Four elements of negligence need to be proven:
- Duty of care was owed – The other driver had a legal duty to act in a reasonable manner to prevent you and others on the road from suffering harm. A driver’s duty of care is to follow all traffic laws.
- Duty of care was breached – The other driver failed to maintain his or her duty of care and caused injury by not acting or reacting as another reasonable driver would have in a similar situation.
- Link between breach and your injury – The other driver’s breach must be directly linked to your injury. You would not have otherwise been harmed without his or her carelessness.
- Damages suffered – Examples may include reasonable medical expenses and property damage.
An experienced Phoenix car accident lawyer from our firm is here to help. We know what information and documentation to gather, such as medical records and police/accident reports, to help build a strong case.
Request a free legal consultation to get started. 1-800-706-3000.
Compensation for Rear-End Collisions
When a driver slams into the rear of another vehicle and the person in the front vehicle is injured, there are several forms of compensation that could be pursued. A few examples of these forms of compensation are:
- Medical costs – Medical costs pile up quickly after a rear-end collision in Arizona, especially when one considers that the most common injuries that result from these types of crashes include whiplash and traumatic brain injuries.
- Property damage – If your vehicle is damaged, you may be able to cover costs associated with repairing your vehicle, renting a vehicle, or for the full cost of your vehicle if totaled.
- Lost income – If someone is seriously injured, it is possible for that person to be unable to work for a length of time. When this is the case, the situation becomes ever more stressful as medical bills begin to come due.
- Pain and suffering – Pain and suffering are intangible damages to your quality of life as a result of the rear-end collision that led to their injuries.
If the driver who was not at fault is killed in an Arizona rear-end collision, it could change the legal aftermath such that a wrongful death claim could be filed. Successful wrongful death claims could potentially lead to awards of damages that compensate the deceased person’s surviving family members for:
- Medical costs
- Funeral and burial costs
- Lost income of the person killed
- Loss of companionship
Anyone who has been injured in this type of a collision should seek the immediate help of a Phoenix rear end accident lawyer as there are several different types of compensation that could be pursued depending on the circumstances of the crash and there are several different parties that could become involved.
Arizona Law on Following Too Closely
Under Arizona law, a driver of a motor vehicle cannot follow another vehicle closer than is reasonable and prudent, while taking into regard the other vehicle’s speed and the traffic and condition of the highway.
This means that it is your obligation as a driver to follow other vehicles on the road at a safe distance. You must maintain control over your vehicle to prevent hitting the vehicle in front of you, causing a rear-end collision. If this does happen, you could be found responsible for the collision and any resulting damages.
Determining Liability in Rear-End Accidents
Drivers are supposed to provide an adequate amount of following distance between their vehicles and those that they are following on any road. The general rule is to leave at least two seconds of following distance on city streets and four seconds of following distance on highways should be provided.
In Arizona, the driver of the rear vehicle is almost always assumed to be at fault in a rear-end collision due to failure to keep a reasonably safe distance from the vehicle ahead. In most cases, the driver of the striking vehicle could be liable for damages if a driver gets hit while stopped at a red light, in a line of traffic or at a stop sign. The lead driver did nothing wrong to cause the crash. He or she was following the rules of the road.
When your vehicle is hit from behind, there is not much the striking driver can argue about, especially if his or her vehicle has front-end damage and yours has rear-end damage. The rear driver could also be held liable if bad weather contributed to the crash. For example, if there was a thick layer of smoke or fog in the area that limited visibility, the driver may have needed to slow down to help prevent crashing into another vehicle.
How the Lead Driver Could Be at Fault
If one vehicle crashes into the back of another, the driver of that vehicle is most likely going to be found at fault for the crash. However, there may be situations when the lead driver is partially to blame for the crash.
For example, the accident victim could potentially be held partially responsible if he or she did any of the following:
- Suddenly put the car in reverse
- Failed to use hazard lights when his or her car was broken down
- Failed to signal a turn or lane change
- Stopped for no reason
- Drove erratically
- Stopped to make a turn and did not turn
- Made a turn from outside a turn lane
The lead driver could also be partially at fault if his or her brake lights do not work or one of the tires goes flat and the driver stops in the middle of traffic to fix it.
If some portion of blame is potentially assigned to you in a rear-end accident as the lead driver, the court will need to determine how much fault you will be assigned. If your claim is for $50,000 and you were deemed to be 30 percent responsible, you would only receive 70 percent of the $50,000 claim, or $35,000.
This is an example of how Arizona’s comparative negligence statute may be applied to a personal injury claim. However, if a claimant intentionally, willfully or wantonly caused or contributed to an injury, he or she cannot pursue compensation.
As fault can be a complex issue in a rear-end accident, it is a good idea to discuss the situation with a qualified attorney. The licensed Phoenix rear end accident lawyers at our firm understand the confusion experienced by victims of these collisions. We are here to answer your questions in a free initial consultation.
Our phone lines are open 24/7, day or night. 1-800-706-3000.
Common Causes of Rear-End Crashes
Rear-end accidents are one of the most common types of car accidents in Arizona. Some of the main reasons for these crashes are:
- Distracted driving
- Driving under the influence of drugs or alcohol
- Drowsy driving and driver fatigue
- Poor roadway visibility
- Reckless driving
- Texting while driving
- Vehicle malfunction
These crashes often happen suddenly, resulting in varying types of injuries, such as:
- Broken bones and complex fractures
- Deep cuts or lacerations
- Back injuries, particularly the lower back
- Spinal cord injuries, including paralysis
- Head and brain trauma
- Facial disfigurement
- Wrist and arm injuries
- Burns and scarring
Speak with a Phoenix Rear End Accident Lawyer Today
If you or someone you love has been harmed in a rear-end collision, you may be eligible to pursue compensation to help cover medical bills, loss of wages, property damage and pain and suffering. Our lawyers at Phillips Law Group have helped many Arizona residents take legal action and fight to obtain maximum compensation. In total, we have recovered over $750 million dollars on behalf of our clients.
Learn more about your rights and available legal options in a complimentary and confidential consultation. You are not obligated to retain our services, but if you do, you pay us nothing unless you obtain a recovery.
Our office is conveniently located about 10 minutes from Phoenix City Hall.
A Phoenix rear end accident lawyer is standing by to take your call. 1-800-706-3000.