Can You Sue for a Rear-End Collision?

People are injured in rear-end collisions every day. They can happen anywhere – in a busy parking lot, on a busy county road, or in bumper-to-bumper traffic. Thankfully, most of these accidents aren’t all that serious. Most people involved in a rear-end collision walk away with a few bumps and bruises. Sometimes, the biggest bruise is to their ego. 

However, there are times when a rear-end collision can leave you with rather serious injuries. If this was the case with your accident, it’s a good idea to call our office and speak with a car wreck lawyer in Baltimore. They can review your case and give you a better idea of whether you have a valid case.

Your Car Wreck Lawyer in Baltimore Must Prove Negligence

In order to win your lawsuit against the other driver, your Baltimore, Maryland injury lawyer must prove negligence. This is the standard by which almost all accident cases are judged. To prove negligence in your rear-end collision case, you need to demonstrate the following 4 things:

  • The defendant owed you a duty of care – This won’t be difficult to prove. All drivers owe a certain duty of care to other motorists. At a minimum, they must obey all the local traffic laws. 
  • The other driver breached their duty of care – Your car wreck lawyer in Baltimore can prove this by showing that the other driver got a ticket at the accident scene. Or they can submit a statement by an eyewitness to the crash who saw the defendant texting at the time of the accident.
  • You must have suffered some sort of injury – It isn’t enough that you were involved in a rear-end collision. You have to prove that you were actually hurt. This includes both physical and financial injuries. 
  • Your injuries must have been caused by the defendant’s breach – As long as you go to the hospital immediately after the crash, this shouldn’t be hard to prove. Your medical records will document the fact that your injuries were observed within minutes or hours of the rear-end collision.

Once your Baltimore, Maryland injury lawyer proves negligence, you can move on to prove your damages.

The Defendant Will Claim You Were Partially at Fault

It’s important to remember that the defendant’s lawyer is going to argue that you caused the crash. You may wonder how they can do this. After all, the general rule of thumb is that the rear driver is always at fault in a rear-end collision. However, there are instances where the front driver can be held partially liable for a crash. 

The defendant can demonstrate this in any number of ways, including:

  • Your brake lights were out at the time of the crash.
  • You slammed on your brakes in the middle of the flow of traffic.
  • You waited too long to stop at a red light or stop sign.
  • You were speeding prior to hitting the brakes.
  • You were texting and driving at the time of the rear-end collision.

Of course, this isn’t an exhaustive list. Since the facts of every case are different, there’s no way of knowing for sure whether the defendant can prove that you were partly at fault. The good news is that you can still collect damages in Maryland, even if you were partially at fault for the rear-end collision. However, your damages will be reduced by your percentage of fault. For example, if you sued the defendant for $150,000 but were found to be 20% at fault, your damages will be reduced by $30,000.

car wreck lawyer in Baltimore

Damages in a Rear-End Collision are Usually Rather Low

It’s also important to know that the damages in most rear-end collisions are much lower than they are in other accident cases. This is because people who are involved in rear-end accidents usually don’t suffer very serious injuries. You may experience whiplash or a broken bone. You may hurt your back as well. Thankfully, since your injuries probably aren’t all that serious, you won’t be able to sue for tremendous damages. 

Your Baltimore, Maryland Injury Lawyer Will Try to Settle Your Case

Regardless of how much your initial demand may be, your car wreck lawyer in Baltimore is going to try to settle your rear-end collision case. The insurance company is usually just as eager to settle your case as you are. Your Baltimore, Maryland injury lawyer would rather get you a lump sum now rather than make you wait months or years for your money. 

It’s a Good Idea to Meet with an Experienced Car Wreck Lawyer in Baltimore

If you have recently been involved in a rear-end collision, there’s a good chance you’ll be entitled to compensation. It all depends on the facts of your case. Even if the defendant can demonstrate that you were partially at fault, you can still collect damages. 

However, in order to know if you have a valid claim, you should meet with a skilled car wreck lawyer in Baltimore. They can review your case and see if there’s enough evidence to prove your case. If so, they may be willing to handle your rear-end collision case. If they don’t feel your claim has merit, they’ll let you know. They wouldn’t want to waste your time or get your hopes up. 

We suggest that you call our office and schedule your free, initial consultation with one of our Baltimore, Maryland injury lawyers. When you come in to meet with your attorney, make sure you bring the following information with you:

  • A copy of the police report
  • Pictures of your vehicle after the rear-end collision
  • Copies of any medical records that show your injuries
  • Copies of any bills related to the accident
  • Any correspondence you’ve received from the insurance company or the defendant’s attorney

Once your Baltimore, Maryland injury lawyer has a chance to thoroughly review this information, they’ll have a better idea of whether you have a claim for damages. Since the initial consultation is free, you don’t have anything to lose. The defendant will have a team of lawyers working for them and you should too.

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