One of the most common types of crashes is rear-end collisions. Even in low-speed rear-end crashes, a victim can suffer a serious injury. At Shapiro, Washburn & Sharp, our Norfolk car accident attorneys have successfully represented many victims who have suffered whiplash, brain injury, and other significant injuries in what appeared to be a minor crash. A victim suffering one of these injuries can end up with high medical bills and loss of income from being unable to work while they recover. There are other non-monetary losses they may suffer, as well, including pain and suffering and long-term disability.
To get the financial compensation they deserve, a victim must prove the other driver was at fault for the rear-end crash. It is rare that an at-fault driver will readily admit they caused the crash and even rarer for an insurance company to willingly agree to give the victim the settlement amount they are entitled to without the help of a car accident attorney. If you have been injured in a crash, contact our office right away to find out how our legal team can help.
Who Caused the Crash?
A car accident attorney from our firm will sit with you and examine all the evidence in the case. This includes your recollection of the events leading up to the crash, the police report, witness statements, photos, and more. We will determine which of the following scenarios applies to your case.
Rear-Driver
In the majority of rear-end crashes, the driver in the rear vehicle is deemed to be the at-fault party. Distracted driving is one of the most common causes of these types of accidents. Taking focus off the road for even a couple of seconds can result in a crash. Other common rear-driver behaviors that cause these types of crashes are tailgating and speeding.
Front-Driver
There are situations where the vehicle’s rear-ended driver is at fault for the crash. For example, the driver could make an inappropriate sudden stop because they are under the influence of alcohol. Another example would be drivers displaying aggressive driving behaviors, such as suddenly braking because they are angry with the driver behind them.
Both Drivers
In some crashes, it may be determined that both drivers contributed to the crash in some way. For example, the front driver suddenly came to a stop at a green light for no reason, but the rear driver was reading a text and did not realize the front driver had stopped.
In 46 other states, the court would determine each driver’s percentage of fault and deduct that percentage from the total amount of compensation. For instance, if the front driver was deemed to be 30 percent at fault and the rear driver 70 percent at fault, the front driver would receive 70 percent of the total injury compensation. This is known as comparative negligence.
However, Virginia law follows the contributory negligence doctrine, which means that if the victim is deemed to be even one percent at fault for the crash, they will not receive any compensation.
Potential Injuries in a Rear-End Collision
The potential for injuries in these types of accidents can vary widely depending on factors such as the speed of the vehicles involved, whether seat belts were used, and the presence of airbags. Typically, injuries in such accidents can range from mild to severe, affecting various parts of the body.
Whiplash is one of the most common injuries in rear-end collisions. It occurs when the head and neck are suddenly jerked forward and then backward, straining the muscles and ligaments in the neck. Symptoms of whiplash can include neck pain, stiffness, headaches, and dizziness. In more severe cases, whiplash may lead to long-term chronic pain.
Back injuries are also prevalent in rear-end crashes, often affecting the spine and its surrounding tissues. Herniated discs, spinal fractures, and sprains can result from the sudden impact and can cause significant pain and limited mobility. Treatment for back injuries may involve physical therapy, medication, or in some cases, surgery.
Head injuries are a serious concern, especially if the impact causes the head to strike against the steering wheel, dashboard, or headrest. Concussions, traumatic brain injuries (TBIs), and facial fractures can occur, potentially leading to cognitive impairment, headaches, and facial disfigurement. Even with airbags deployed, head injuries can still happen due to the force of impact.
Chest injuries are another possibility in rear-end collisions, particularly if the seat belt fails to restrain the occupant adequately. Rib fractures, internal organ damage, and cardiac trauma can result from the blunt force trauma inflicted by the rapid deceleration of the body.
Contact Our Office Today
If you or a loved one has suffered a rear-end crash injury as a result of another party’s negligent or reckless actions, contact a Virginia car accident attorney from Shapiro, Washburn & Sharp. It is critical to remember that Virginia has placed a statute of limitation for how long victims have to file a claim for damages against those responsible for their injuries, so do not delay. Failure to file before that legal deadline could mean you lose any chance of ever filing your claim or getting justice against the person responsible for you or your loved one’s injuries.
Contact our office today to set up a free and confidential case evaluation with one of our dedicated Virginia accident attorneys.
An experienced personal injury attorney with dual licensure in Virginia and North Carolina, Eric Washburn received a B.B.A. in Finance from James Madison University—initially worked in the information technology field before obtaining his law degree from Thomas M. Cooley Law School in Lansing, Michigan. Once an Assistant Commonwealth’s Attorney in Danville, Va., Eric has been recognized by Super Lawyers Magazine as a “Rising Star” Super Lawyer in Virginia since 2014.
