Rear Impact Collision Attorney
Welcome to the Ehline Law Firm’s comprehensive web page dealing with fender benders and catastrophic rear-end accidents. This section covers getting hit in your car's rear end.
These are also called “rear-enders.” These are one of the most commonly caused distracted driving cases.
Table of Contents:
What are Rear-end Accidents?
These accidents are the most reported accidents in the State of California. This is when something strikes the rear of the vehicle, whether it be another vehicle colliding with it, or the vehicle striking an object/person while reversing.
The majority of injuries sustained in this type of accident are injuries of the head and neck. Whiplash is very common with this collision. Mainly of these rear-enders involve passenger vehicles smashing into each other from tailgating.
But no matter what, the most common type of collision is the rear impact motor vehicle accident.
- Statistics show there are approximately 2.5 million rear-impact collisions annually.
These same statistics show there are about six deaths per one million registered vehicles.
Failing to Pay Attention Causes Most Rear Enders?
Yes. Most traffic accidents involving the rear-end collision are from distracted driving or inattentiveness. And with the use of cell phones and other equipment added to vehicles, this type of accident may increase. But lawyers can shed light on the problem.
- Speed the autos are traveling and;
- Whether or not the rear bumper of the motor vehicle has been appropriately designed for safety.
Over time, cars have been re-designed, and newer materials got used in their manufacturing. And in some cases, this makes the vehicle safer. But in others, it may make the rear bumper less reliable during an impact.
Most of all, the rear bumper of a motor vehicle should compress upon impact to absorb low-speed impact collisions. When the bumper has gotten manufactured in a way that is less absorbent, we have safety issues. And this will often result in the driver and any passengers feeling the force of the impact.
Are Bumpers Only Required to Absorb a 5MPH Impact?
Yes. Crazy right? The astonishing thing is the limited scope of the manufacturer's duty. They must only design rear bumpers to absorb tiny bumps. In fact, bumpers only need to consume a five-mile per hour impact. (See source.)
But numerous collisions of over five miles per hour happen a lot. So the driver and passengers will get affected. A simple following too closely wreck could easily have an impact speed well about 30 mph.
So another thing about manufacturing rear bumpers is the design and manufacturing process. Here, the goal is not to protect the humans inside of the vehicle. But this is only to safeguard the automobile.
Insurance companies led a fight years ago to make bumpers stronger. And this was to help cut down on property damage claims. But this did away with the bumper crumple zone that protected occupants. But there is a move to bring back safer bumpers. Consumer attorneys are leading this fight.
Ehline Law Firm has dealt with many of these claims. And often we become forced to battle with adjusters. They often argue that the damage to the vehicle is inconsistent with viable injuries.
What this argument means is that a stiffened bumper absorbs less than it should. And instead, it sends the shock-wave of energy and inertia into the vehicle occupants.
They are dealing with Insurance Companies.
As discussed, insurance companies would trip over $50 to save a dime in many situations. So this presents an issue for drivers involved in rear-end collisions. For now, vehicle bumpers protect the vehicle and even cut down on damage claims to the car.
But insurance companies use the lack of visible bumper damage not to pay out injury claims. Many insurance companies will argue no vehicle damage to support an injury. So they will say there is little to any visible damage.
Hence, the occupants in the auto could not have sustained injuries. But from a medical standpoint, this is not true. First of all, there does not need to be visible damage to a vehicle for occupants to suffer injuries. Furthermore, the human body is not able to absorb impact, even at low speeds.
The Adjuster Works For The Insurance Company, Not You.
The insurance adjuster is one of the insurance company employees. And they should assess damages both to a vehicle and the occupants properly. But they will always attempt to reduce what their employer pays for damages.
Rear end collisions may seem clear-cut. But even if there are serious injuries, this is not always the case. But a driver must be in control of their vehicle at all times. The truth is, the insurance company will use tactics to make simple issues complicated.
Because it involves them paying compensation, they fight it. And this is why it may be necessary to have legal representation by a skilled auto accident lawyer. So then you can ensure the injured party receives a fair settlement.
In many cases, the plaintiff may get forced to hire biomechanical engineers. Furthermore, they may need structural experts. Also, they may require other pros to prove your case.
Your initial call is free. So now you discover your inherent rights. Why not speak to a real live attorney? So call toll free at (213) 596-9642.