KENTUCKY & TENNESSEE
REAR-END CAR ACCIDENT LAWYER
Rear-end car accident lawyers that know how to get it done.
A rear-end collision occurs when a driver collides with the car in front of them (or leading car), from behind. Most rear-end collisions happen at a red light, a stop sign, or in heavy traffic. The majority of rear-end collisions occur at slower speeds, though they can also happen at high speeds on motorways or other high-speed roadways.
If you’ve been involved in a rear-end collision of any kind, there are several things you should know.
TABLE OF CONTENTS
REAR END AUTO ACCIDENT STATISTICS:COMMON CAUSES OF
REAR-END COLLISIONSWHAT STEPS SHOULD I TAKE AFTER BEING REAR-ENDED?IS IT ALWAYS THE OTHER DRIVER’S
FAULT IF I WAS HIT FROM BEHIND?COMMON INJURIES SUSTAINED
FROM REAR-END ACCIDENTSHOW CAN A LAW FIRM HELP ME AFTER A REAR END ACCIDENT?WHAT DAMAGES CAN I SUE FOR OR CLAIM AFTER BEING IN A REAR-END CAR ACCIDENT?PRECAUTIONS TO TAKE TO AVOID REAR-ENDING ANOTHER VEHICLECALL HUGHES & COLEMAN INJURY LAWYERS TODAY FOR A FREE CASE EVALUATION
REAR END AUTO ACCIDENT STATISTICS:
- Rear-end vehicle crashes are the most common type of collision out of all types of car accidents, accounting for approximately 33 percent of all crashes and resulting in a substantial number of injuries and fatalities each year.
- Rear-end collisions contribute to 9 percent of motor-vehicle crash deaths nationally.
- Rear-end collisions reflect approximately 17 percent of all two-vehicle collisions each year in Kentucky.
COMMON CAUSES OF
REAR-END COLLISIONS
- Tailgating
- Distracted driving
- Speeding
- Hazardous or dangerous weather conditions
- Stopping short to avoid hitting something
WHAT STEPS SHOULD I TAKE AFTER BEING REAR-ENDED?
SEEK MEDICAL ATTENTION
Your health should be your number one concern. Following any car accident, you should seek medical attention as soon as possible so that a doctor can evaluate your condition. If you later seek compensation for damages that stemmed from the accident, this documentation will also be needed to prove that you were actually injured. Even if you aren’t feeling hurt at the time, it is critical that you go to a doctor or clinic to get looked at as soon as possible because, in many cases, pain may show up days or weeks afterward as an underlying injury becomes worse during that time.
TAKE PHOTOS OF THE ACCIDENT SCENE (IF POSSIBLE)
If you are able, document the scene of the accident as much as possible. Photos serve to tell the story of what happened and can also serve as valuable evidence to determine liability and to ensure that the at-fault party is held accountable. Photos should include:
- Any injuries you sustained as a result of the crash
- The outside of both cars — especially damaged areas of the vehicles
- The inside of both cars (if you are only able to take photos of the inside of your car, ensure you do that)
- The license plate number of the vehicle that hit you
- The surrounding scene, including traffic signs around where the collision occurred and weather conditions
- The other driver, passengers, witnesses, and yes, even of the police
Car wreck scenes can be very frantic. You’re emotionally stunned in many cases, so having as many photos as possible can help you recollect things you may have otherwise forgotten. Photos also give yourself and your personal injury attorney the best possible evidence to prove fault and help you recover compensation for any and all damages you may be entitled to.
CONTACT AN EXPERIENCED AND LOCAL CAR ACCIDENT LAWYER
You may be thinking that the best thing to do first is to contact your insurance company, but this is a common mistake and often leads to situations where the insurance provider will use a variety of tactics to minimize any settlement you may be entitled to.
Insurance companies are well aware that you are vulnerable following an accident. They also know that most injury victims are unfamiliar with tort law (when someone else takes an action or sometimes fails to take an action that injures another person), which they can use against you.
FILE A POLICE REPORT
How to file and obtain a police report in Kentucky
Depending on the severity of the car accident, the police may or may not come out to the scene to investigate.
- If police come to the scene to investigate they will file a report on your behalf and you can retrieve it. If the collision was investigated by a police officer, you do not need to complete a civilian collision report. You can contact the law enforcement agency who investigated the collision or go to www.buycrash.com to retrieve a copy of the report approximately 10 days after the collision.
- If the police do NOT come to the scene you will need to file your own police report to document the car accident. You can submit a Civilian Collision Report to the Kentucky State Police via their website. When you file a CCR online with the Kentucky State Police, a copy of the report will also be made available to you for your records.
How to file and obtain an accident report in Tennessee
Submit a completed Owner/Driver Report form to the Tennessee Department of Safety and Homeland Security (TDSHS) to file a written report. You must only provide information about yourself, your vehicle and your insurance policy. When you submit your accident report to TDSHS, a copy is automatically sent to your insurance company. To obtain a police report in Tennessee, you have a few options:
- You can obtain a report online by visiting https://apps.tn.gov purchasetncrash/
- If the crash was investigated by the Tennessee Highway Patrol, any driver/owner/passenger or their agent or legal representative may purchase a copy of the Crash Report for a fee of $4.00. The reports are available approximately 7 days after the date of the crash at the THP District Office. This can be purchased through the mail, or by visiting their office in person. Access to complete listings of THP District Office locations can be found on the Obtaining a Crash Report page of the Tennessee Department of Safety and Homeland Security website.
- If the crash was investigated by a law enforcement agency other than the THP, you can also contact the agency that investigated the crash to purchase a copy of the report from their office.
Let an experienced rear-end car accident lawyer deal with the insurance company for you.
IS IT ALWAYS THE OTHER DRIVER’S
FAULT IF I WAS HIT FROM BEHIND?
It depends, but most commonly, the vehicle that strikes the lead driver from behind is considered at fault in a rear-end collision, and that driver is more often than not considered negligent. That said, not all rear-end car accidents are cut and dry, and this is also where a car accident lawyer can help – which brings us to:
EXCEPTIONS TO THE GENERAL RULE
While the tailing vehicle is generally held responsible for rear-end collisions, there are a few exceptions and other factors that may determine fault:
LACK OF EMERGENCY SIGNALS OR BRAKE LIGHTS
If the lead car was not properly equipped with brake lights or was stopped on the side of the road without warning lights, the driver of that vehicle may be held liable for the collision.
CUTTING OFF ANOTHER DRIVER
Under Tennessee law, both drivers can be held liable for a rear-end collision if a driver swerves into the path of another vehicle. If a rear-end collision occurs as a result of one driver cutting off another, the lead driver may be held liable for a portion of the crash.
MULTI-VEHICLE COLLISIONS AND PILE-UPS
A second exception pertains to collisions involving more than two vehicles. All drivers have a responsibility to follow at a safe distance.
IF THE LEAD DRIVER SUDDENLY GOES IN REVERSE
This could also place fault on the “rear-ended” driver for backing into the following vehicle.
COMMON INJURIES SUSTAINED
FROM REAR-END ACCIDENTS THAT AN ATTORNEY CAN HELP WITH
Injuries sustained following a rear end collision can vary. In some cases, rear-end collision injuries can be very minor. In other circumstances, the injuries you think are minor can actually turn out to be very big problems later on. This is one of the main reasons to always contact a car accident attorney. What you think is insignificant could potentially evolve into long-term medical expenses that car insurance companies won’t necessarily cover or provide you adequate compensation for. In cases where severe injuries are sustained, it is even more critical to obtain an experienced attorney to ensure you are taken care of medically and financially, short-term and long-term. Some injuries that could impact you after a rear-end crash include, but are not limited to:
WHIPLASH AND NECK INJURIES
A neck injury is one of the most typical injuries suffered following a rear end collision.
SPINAL CORD INJURIES
A sudden, unexpected impact to the body can harm the spine in a variety of ways. Stress fractures, slipped discs and even serious spinal cord injuries can occur and have an impact on daily life.
CONCUSSION
In a rear-end collision, the head usually snaps backward and then forwards. The seat or headrest typically impacts the skull during the backward movement, resulting in a concussion.
BROKEN BONES
Back and spine fractures typically occur in rear-end collisions due to the impact of the seatbelt or airbag on the body.
BRAIN INJURIES (TBI)
A rear-end collision’s impact can easily lead to the head striking the steering wheel or windshield, resulting in trauma or brain injuries.
HOW REAR-END CAR ACCIDENT ATTORNEYS CAN HELP AFTER AN ACCIDENT
Hughes & Colman Injury Lawyers offer a free case evaluation so you can know your legal options and legal rights. Additionally, our car accident lawyers:
- Obtain the medical attention our clients need and work to ensure a regular schedule is in place for care.
- Take over communications with your insurance company and the other driver’s insurance company so that you can focus on recovery.
- Coordinate with the billing departments of the providers to reduce unnecessary phone calls or harassment.
- Work with the available insurance coverage and help you recover compensation for your lost wages.
- Review your insurance information, insurance claim and any initial settlement offers to ensure you get every dollar you deserve.
- Seek compensation for your medical bills, property damage, lost wages, and pain and suffering.
- Guide you through the process, to be there for you and to make sure that the legal process works in your favor.
WHAT DAMAGES CAN I SUE FOR OR CLAIM AFTER BEING IN A REAR-END CAR ACCIDENT?
- Property damage
- Medical bills
- Lost wages
- Pain and suffering
PRECAUTIONS TO TAKE TO AVOID REAR-ENDING ANOTHER VEHICLE
AVOID TAILGATING OR FOLLOWING TOO CLOSELY
Give the next car at least a few car lengths of space.
AVOID AGGRESSIVE DRIVING OR ROAD RAGE
You may be more likely to get into a collision if you become angry with the traffic or other drivers.
WATCH THE BRAKE LIGHTS OF THE CAR AHEAD OF YOU
Sometimes stopping quickly is unavoidable. Be aware of the driver in front of you, drive defensively, and be prepared at a distance if they stop abruptly.
AVOID SPEEDING
DON’T USE YOUR PHONE
It can be tempting to check your text messages or talk on the phone when traffic is moving slowly. Don’t do it — for the sake of your safety and others. Distracted driving resulted in 3,142 deaths in 2020 and is one of the leading causes of rear-end crashes.
CALL HUGHES & COLEMAN INJURY LAWYERS TODAY FOR A FREE CASE EVALUATION
If you’ve been injured in a rear-end collision that wasn’t your fault, we are here to help. We have handled thousands of car accident cases and are ready to fight for you.
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