My firm, the Law Office of Nikolaus W. Reed, proudly represents car accident victims in San Pablo. My team has the experience and dedication to guide you through the legal process in any type of car accident, and we know how to make the process easier for you. If you’ve been hurt in a rear-end accident, contact us today for a free consultation to discuss your options.
Can My Team Help You?
The short answer here is yes. But you might not even need to take legal action if your accident is minor. In fact, there’s no legal requirement in California that says you have to have a lawyer represent you in a claim.
That said, a rear-end accident is extremely common, and worse yet, frequently causes serious injuries. In order to make the process easier, you can work with my firm. Here’s how we can help you:
- Investigating the accident and determining the root causes
- Gathering and compiling important evidence and records
- Making a settlement demand to the insurance company, then negotiating with them
- Guiding your decision-making and keeping you updated on the progression of your claim
Facing the claims process on your own is certainly within your rights, but you have to remember that it can quickly become overwhelming. This is especially true when you have to also deal with injuries–and worse, trying to figure out liability and other legal aspects.
Who’s Liable in These Accidents?
Even though a rear-end accident is among the most common types of car accidents in San Pablo, there’s still the requirement of figuring out who is responsible for causing the accident–and covering your injuries.
The good news, relatively speaking, is that the determining factor is straightforward: negligence. And in order to pinpoint negligence, you have to show the following:
- A duty of care to keep you and others safe
- A breach of that duty
- The breach of duty causing the accident
- A direct link between the accident and your injuries
In a rear-end car accident, the driver that collides with you is usually primarily responsible. But the circumstances in your particular accident could mean others share liability:
- Third drivers
- Motorcyclists or pedestrians
- Construction workers or companies
- Local or state government
- Owner of the vehicle (if not the driver)
- Car or parts manufacturers
What Steps You Need to Take
While it’s true that establishing liability is key to your claim, your actions (or inactions) right after the accident happens are also going to play a big role in your claim. Once an insurance company gets involved, they are going to try to take any opportunity they can to reduce their liability and devalue your claim. That’s why it’s important for you to:
- Get medical attention right away
- Follow up with further medical care to take care of any underlying injuries
- Call the police and report the accident
- Cooperate with anyone else involved and exchange information
- Gather evidence, like pictures and videos of the scene. Include damage to your car and any visible injuries
- Be careful with making statements to the insurance company
Again, just because you have the legal right to file a claim doesn’t mean that an insurance company isn’t going to do what they can to pay you as little as possible. By taking these steps, you can protect not just your health, but the viability of your claim.
What Are Your Legal Options?
In terms of your legal options after a rear-end accident, there are generally two: filing an insurance claim against the responsible parties or filing a personal injury lawsuit. Depending on your particular needs and circumstances, you could very well have to take both options, starting with an insurance claim and progressing to a lawsuit.
Going the insurance route offers a quicker settlement, but it relies on the insurance company’s evaluation of the claim, which usually focuses on minimizing your payout.
On the other hand, a lawsuit allows an impartial third party, such as a judge and jury, to evaluate your case. However, this route is more time-consuming and demands more investment of your time and energy
No matter what option you choose, the goal is to recover various types of damages, including:
- Medical expenses – Covers costs like doctor visits, medications, and related treatments.
- Ongoing care – Includes future medical expenses necessitated by the accident.
- Vehicle repair or replacement costs – Addresses damages to your vehicle.
- Lost wages or earning potential – Gives you financial considerations for income lost due to the accident.
- Pain and suffering – Covers the physical and emotional distress caused by the incident.
- Permanent disability or disfigurement – Provides financial support for any lasting physical damage from the accident.
- Emotional damages – Addresses psychological effects like stress, anxiety, or trauma from the accident.
Several crucial aspects must be considered in any injury claim, including those in a rear-end accident. Probably the most vital is the statute of limitations, which sets the legal deadline for filing your claim. In California, you typically have:
- Two years from the accident date to file.
Failing to meet this deadline precludes recovery of damages.
Another key consideration is “comparative negligence,” which holds that any fault you bear in the accident reduces your potential damages by the same percentage. So, the circumstances surrounding the accident itself could significantly influence your overall claim.
What Factors Into a Rear-End Accident?
The root cause of a rear-end car accident isn’t always so simple to figure out. While the effects are typically serious for you, a number of things factor into these car accidents. Usually, they happen because of:
- Speeding
- Tailgating or following too closely
- Distractions
- Weaving in and out of lanes
- Driving drunk or on drugs
- Brake failure
- Poor road or weather conditions
By far the most damaging outcome of a rear-end accident are the potential injuries. Typically, they result in:
- Neck pain – Sudden jolts can whip your neck around, leading to pain and stiffness (whiplash).
- Lower back pain – The impact can strain and tear muscles in your lower back.
- Pinched nerves – Tight spaces from injuries can press on nerves, causing pain, numbness, or even paralysis.
- Joint damage – Sprains, strains, fractures, and dislocations can affect your joints, making them swell, ache, or move awkwardly.
- Spinal cord damage – Rear-end crashes can seriously injure your spinal cord, leading to paralysis or worse.
Generally, the more severe the impact is, the worse your injuries will be. It’s not even out of the question that these injuries end up being fatal. No matter what your situation is, though, my team will be there to support you.
Contact NWR Law After a San Pablo Rear-End Car Accident
If you were injured in a rear-end accident, don’t face the insurance companies alone. At NWR Law, we offer free consultations to San Pablo residents hurt in car accidents. Our dedicated team will guide you through the legal process, fight for your rights, and get you the financial support you deserve. Contact us today to schedule yours.