A rear end collision is one of the more common kinds of accidents involving more than one vehicle. A rear end accident is usually the result of one vehicle being hit from the rear by another vehicle following too close behind. Most of these motor vehicle accidents occur through driver distraction or inattentiveness. The numbers of rear end car crashes in Massachusetts will likely continue to escalate as more motorists choose to use their cell phones carelessly when driving.
Massachusetts Rear End Accident Lawyer
Rear end collisions cause a whole range of problems from minimal property damage and minor wounds to serious injuries, whiplash injury and potentially death. Even at low speed, being struck by a vehicle from behind can cause significant health issues including spinal injuries, herniated disk and whiplash / soft tissue injury. This is because this type of accident produces a powerful, sudden jolt. The action throws every occupant’s head forward from a stationary position. The jarring effects from the impact often lead to serious injuries to the spinal column including whiplash.
Drivers responsible for a rear end collision
These types of Massachusetts auto accidents typically occur when a motorists diverts their eyes or attention away from the roadway, even for just a moment or two. Statistics maintained by the United States Department of Transportation (DOT) indicate that drivers responsible for a rear end collision are commonly performing some careless act while the vehicle is in motion including:
• Conversing on a cell phone
• Sending text messages
• Grooming
• Drinking or eating
• Programming navigational systems
These distracted behaviors tend to cause serious side impact accidents as well as head-on collisions and rear end car crashes.
Determining Liability in MA Car Accidents
In many auto accidents, determining liability may be obvious when the motorist driving behind was distracted or negligent in their actions and caused the collision. However, there may be additional factors involved in the truck collision to indicate that other drivers or conditions are at fault. Proving the specific actions ofadrivers can be complicated. To obtain compensation in a claim or lawsuit, the party seeking financial recovery will need to show that the other driver’s reckless actions have a direct connection to the injuries they have suffered.
The Need for a Massachusetts personal injury Attorney
Because determining liability for a car accident is not clear and cut procedure, it is essential to hire an experienced attorney who specializes in rear end collisions. A lawyer can examine numerous factors that could have directly contributed to causing the accident. This could include:
• Were there any accident-related parties who violated traffic laws?
• Were there any third parties involved in the accident like jaywalking pedestrians, bicyclists or other motorists on the roadway?
• Are there any eyewitness accounts by individuals who can describe exactly what occurred?
• Did the weather or roadway conditions play a factor in causing the accident?
• Were drugs or alcohol involved?
• Can liability be proven through physical evidence including bumper damage, paint transfer from one vehicle to another, skid marks, etc.?
Protecting the rights of the victim
Protecting the rights of the victim is essential to ensure they receive adequate compensation for their injuries. A skilled MA rear end car accident lawyer will deal directly with insurance companies to negotiate an out-of-court settlement or fully prepare the case for trial. The MA personal injury law firm will seek financial recompense to cover all economic and non-economic losses including medical expenses, hospitalization, physical therapy, rehabilitation, lost wages, pain and suffering. NRD
When some of us were first learning to drive, we may have had a driving instructor, parent, or friend give us a lot of advice regarding the danger of rear-end motor vehicle crashes. They told us to leave plenty of space to the car in front of us. We were informed that if we struck a vehicle from behind we would be considered the at-fault party. Law enforcement officers would issue a ticket for following the other vehicle too closely. They would officially declare you and you alone to be responsible for the crash. No investigation, no inquiry, no trial could absolve you from responsibility if you rear-ended someone (at least that is what we were led to believe).
As well intention-ed as this advice is – and it is good advice to put plenty of space between your car and the car in front of you so. This will allow you to safely stop with little or no advanced warning. The truth is rear-end collisions are not always the fault of the trailing car. Sometimes the lead driver engages in negligent or careless driving that can contribute to the rear-end collision.
Negligent Behavior by Leading Drivers Can also Contribute to Rear-End Collisions
Some of the ways in which leading drivers may act carelessly or recklessly and thereby contribute to a rear-end collision include:
• Suddenly stopping for no justifiable reason;
• Turning left or right without giving a proper signal; swerving for the fun of it, backing up on the road or street
• Driving far too slow for prevailing road and traffic conditions;
• Failing to follow generally-accepted rules of the road;
• Disregarding traffic control signs and signals (some drivers mistake a STOP sign for a YIELD sign and vice versa, for instance).
Children sitting in the back seat of your car face increased risks of accidents especially from heavy weight trucks. There are an increasing number of huge trucks and heavy commercial vehicles traversing highways. When a truck is driving by at a high speed, it is nearly next to impossible to stop a truck in its tracks during an emergency.
Riding in the back-seat of that car
The laws of physics dictate that a heavy load has to roll for a bit before coming to a stand-still. This is exactly the juncture where the maximum accidents take place because the truck rams into the back of the vehicle directly in front of it. The hit invariably injures children who are riding in the back-seat of that car.
The Federal Motor Carrier Safety Administration has released statistics that confirm that many as 42, 000 heavy motor trucks, weighing 50 tons and over, cause life-threatening accidents and deaths due to rear-end collisions. Getting hit from the rear-end by an enormous truck of 5 tons invariably results in serious injuries and in 135 cases death. The accident happens in seconds and the collision impact is so high, there are 47% percent chances of incurring severe injuries as indicated in a survey conducted by the Arizona Department of transport. The damage by a rear-end collision by a heavy vehicle is significantly higher than an accident precipitated by a smaller vehicle.
Risks involving back-seat car passengers
There are several risks associated in the event of an accident involving back-seat passengers in a car. One is that the front seats tend to break and fall towards the back during an accident. Back-seat passengers are often hit by front seats crushing their legs. Another risk is that back-seat passengers are directly impacted by a rear-end collision, given the position of their seats. The back-seat passengers are the first to be hit when a truck rams into the car from behind.
Statistics also indicate that back-seat passengers often neglect wearing their seat belts. This also adds to the possibility of injury. Air-bag impact protection does not cover the back-seats as it does the front. Children are normally seated at the back to protect them from suffocation in the event that the air-bag inflates suddenly. The net result is that there is no cushioning from the rear-end accident leaving the passengers open to full-scale impact.
How Children are at Maximum Risk
Athens witnessed a horrific rear-end collision by a truck in June, 2010 when a huge truck rammed into the back of a car with three children in it. The boy in the front survived and escaped with minor bruises but the two boys seated at the back (one of whom was only eight years old), died to the accident as they were hit directly from behind. These accidents are typically more risky as there the driver of the car cannot control rear-end collisions.
Precautions to Prevent Rear-end Accidents
There are two precautions that would discourage rear-end collisions:
- Drive with a safe distance between you and the truck behind you.
- Avoid abrupt cutting-in ahead of big vehicles.
Determining who is at fault or what percentage of fault to assign to each driver in a rear-end collision is not always easy. Doing so may require consultation with engineers, accident reconstruction experts, and other expert witnesses. An experienced Massachusetts car accident lawyer should have the connections and resources necessary to thoroughly evaluate the cause(s) of your rear-end collision and accurately determine your precise legal rights to recovery.