Rear-end collisions are often dismissed as minor “fender benders,” like when a teen driver learning to parallel park bumps the back of another car or when traffic is intermittent and a driver makes slight contact with another vehicle’s bumper. However, not all rear-end accidents are minor. Some can have life-changing consequences and cause significant damage to people and property.
Speed can be a significant factor. If you are rear-ended on Interstate 10, you can quickly lose control of your vehicle and crash. Similarly, if you are waiting at a light and are hit by a driver who does not brake in time, you could sustain severe neck and head injuries, such as whiplash, that may require serious medical attention. Following rear-end car accidents in New Orleans, injured drivers may secure compensation for their losses with the help of our car crash lawyers.
According to the National Safety Council, a large portion of all car accidents are rear-end collisions. Frequently, multiple cars are involved in a rear-end accident, as the rear-ended car may lose control and crash into additional vehicles, sometimes causing a pileup. Common causes of rear-end motor vehicle accidents in New Orleans include:
A diligent attorney could determine whether the elements of negligence are present, allowing injured individuals to seek compensation from the at-fault driver’s insurance or pursue a jury award.
Drivers have a duty to drive safely to ensure the safety of everyone on the road. To establish negligence, an injured driver must prove that this duty was breached due to reckless behavior, directly causing an accident that injured another individual.
Fault is often determined by the “but for” test. This test demonstrates that the injured person would not have been hurt if not for the negligent driver’s behavior. Proximate cause means that the injuries were foreseeable and consistent with typical rear-end accidents.
Under Louisiana Civil Code Annotated § 2323, the state follows a pure comparative fault rule. This means that fault for a rear-end collision is divided between the parties as a percentage, and the injured individual’s recovery is reduced by their share of blame – unless the negligent driver intentionally caused the accident.
For example, if someone’s brake lights are not working and they stop suddenly for a yellow light, causing a tailgating driver to rear-end them, the court might assign 20 percent of the fault to the tailgating driver and 80 percent to the rear-ended driver. In this scenario, with a $500,000 damages award, the rear-ended driver would receive $400,000.
Our attorneys understand the importance of securing the compensation needed for a person’s recovery after rear-end car wrecks in New Orleans. A lawyer could gather the necessary evidence to establish fault and build a persuasive case for maximum compensation.
If you have been seriously injured in a rear-end car crash, hiring skilled legal representation is essential. If your injuries cause you to miss work and lead to expensive medical bills, you may be entitled to compensation to help you recover.
Insurance companies often prioritize profits over your well-being. At Smiley Injury Law, we are prepared to fight for fair compensation. Rear-end car accidents in New Orleans may disrupt your life, but we are here to help you get back on track. Speak with our team today to learn how we can assist you.
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