Rear End Collisions
One of the most common types of accidents that Ohio residents experience is a rear-end collision. In this type of accident, a car slams into the back of the vehicle travelling in front of it. These accidents range from relatively minor low speed collisions in residential areas or in parking lots to high speed highway impacts which may even cause a chain collision of several vehicles. If a driver is not paying sufficient attention during rush hour traffic, for example, he or she may fail to notice that the car in front of them has stopped suddenly, and this may result in a collision. At Rubin Guttman & Associates, our Cleveland car accident lawyers are well-versed in the issues associated with rear-end collisions. Whether your injuries were moderate or catastrophic, we are ready to help you investigate your potential claim and to assert your legal right to compensation.Understanding Liability in a Rear-End Collision Case
As with any Ohio car accident, establishing liability after a rear-end collision requires proof that the defendant, or driver who hit your vehicle was at fault. In a rear end collision, the collision itself tends to prove the other driver’s fault. While this is most often the case, it is not always true. For example, if other driver can show that you suddenly entered his lane and cut off his right of way or that your rear brake lights were not working, you may be found to be at least partially at fault. Since liability is not automatic in a rear-end collision case, we will conduct a thorough investigation of your claim and obtain as much evidence as possible to establish that the other driver was at fault.
When you decide to proceed with a personal injury lawsuit against the other party, your car crash lawyer must show that the other driver did not operate his or her vehicle with sufficient care and skill and that this failure was the direct and proximate cause of the collision and the injuries that you suffered. In general, every driver has a duty to drive with the same skill level that one would expect from a reasonable and prudent driver. Ohio law (ORC 4511.21) requires that a driver following another vehicle maintain an assured clear distance from the car in front of them sufficient to allow the vehicle to stop, even if your car stops suddenly. That’s why prudent drivers typically follow other vehicles at a safe distance and keep their eyes on the road at all times. If you can demonstrate that the other driver did not follow at a safe distance or perhaps was speeding or driving erratically, you likely will be able to show that the defendant acted negligently. Also, Ohio has enacted a ban on texting while driving for drivers of all ages. If a police report, phone company records, or other evidence suggests that the other driver was texting immediately before the crash, you will have an even stronger argument that they did not use the appropriate care.
After proving that the defendant did not drive with the required level of care, you must prove that this negligence caused the rear-end collision in which you were injured. Then you must prove what the law calls proximate cause. In other words, you must prove that you would not have been hurt but for the defendant’s lack of care. Rear-end collisions can lead to moderate injuries, including whiplash, back pain, and neck pain, or much more serious injuries like fractures, torn ligaments, or even brain injuries. The next step involves proving each of your accident related injuries, the medical treatment you required and the expenses of that treatment, as well as the amount of your lost wages, if any. All of this, plus your pain and suffering goes into determining the amount of financial compensation that you, as an Ohio accident victim may be entitled to receive from the defendant who caused your accident. You may also be entitled to compensation for future medical expenses and lost income. If you are married, your spouse may be entitled to damages for loss of consortium, society and companionship as well.Schedule a Free Consultation with a Motor Vehicle Collision Attorney in Cleveland
Car accidents are among the most disruptive and stressful situations that you can face. While dealing with insurance companies and shouldering significant costs, you may also be coping with painful injuries. At Rubin Guttman & Associates, our car crash lawyers proudly serve victims of rear-end collisions and other types of accidents, such as failure to yield accidents, in Beachwood, Cleveland, Parma, Lakewood, Euclid, Cleveland Heights, South Euclid, Strongsville, Akron, Columbus, Chardon, Toledo, Youngstown, Ravenna, Elyria, Lorain, and Mentor, among other cities. To set up your free consultation, call us at (216) 696-4006 or 1-888-GUTTLAW or contact us online.