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Injured in a Rear end Collision

Episode 114: Calloway County injury attorney Jeff Roberts discusses rear-end collisions. Jeff has 33 years of experience handling automobile accident cases. Rear-end collisions are the very common. When someone else’s negligence results in a car wreck and injuries, speak with an experienced attorney who can provide trusted guidance. Common Myth – It’s Always the Fault of the Person Who Rear-ends the other Vehicle It's often the fault of the person who collides with the car in front of them, but there are exceptions to the rule. Assume you were stopped at an intersection and the car behind you crashes into your car. This may be fairly cut and dry. Kentucky is a pure comparative fault state. If you were stopped at an intersection, waiting to make a lefthand turn but didn’t have your blinker on, you could bear some of the responsibility for the car wreck. The same could apply if your brake lights weren’t working. There’s the situation in which the lead car suddenly stops for no reason and is subsequently hit by the car behind it. In cases in which there is some comparative negligence on behalf of the lead car, a percentage of the blame can be attributed to that driver. The result is that recovery will be reduced by that percentage, because they were partially responsible for the collision. Common Injuries from Rear-end Collisions The most common injury is whiplash. This is a neck strain or sprain. Your head will still whip forward and backwards. This violent whip causes microscopic tears in the muscles of the neck. You may have decreased motion. Some of the results can be permanent. These are typically called soft-tissue injuries. A soft-tissue injury normally involves the muscles and tendons. A soft-tissue injury wont' show up on an x-ray or MRI. Common signs are a decreased range of motion, muscle spasms or tenderness where the pain is located. A physical exam can help to identify the injury. In a severe impact, you may sustain a herniated disc in your neck. If you weren’t looking straight ahead at the time of the impact, it increases your chances of a more severe neck injury. The wearing a seatbelt is mandatory in Kentucky. The more forceful the impact, the greater the potential that you will sustain a low-back injury. Not wearing a seatbelt can result in someone being at least partly negligent for their injuries. Those injuries might have been avoided or minimized had they been wearing their seatbelt. If the driver tenses up or stands on the brake in anticipation of the collision, there can be injuries to the knee, broken bones in lower leg and ankles. Advice Regarding Seatbelts AFTER the Collision Tell the first responder you unhooked their seatbelt, after the collision, assuming that is the truth. Make sure it’s documented that you were wearing it, at the time of the wreck. Many cars have an event data recorder (EDR), also called a “black box” that would indicate you were wearing the seatbelt, but evidence can get damaged, lost or destroyed. Again, this is why you want to communicate that you were wearing your seatbelt. Airbags Don’t Prevent All Injuries The airbag will help to prevent or decrease certain injuries. It’s important to remember some injuries will still occur. The airbag itself deploys with a lot of force. It can also cause minor injuries. Head Trauma and Brain Injury from a Rear-End Collision A concussion is a common injury in a rear-end collision. When the head is violently forced forward or backward, the brain collides with the interior of the skull. Some of the nerve structures can also be severed. Brain injuries can go unnoticed by the injured person. A sign is a sudden change in temperament. An increase in mood swings can be a result of a brain trauma. Jeff often asks the spouse if they’ve noticed a change since the accident. Family members should speak with the doctor about the changes. The doctor may need to refer the patient to a neurologist for testing and treatment. Understanding Longer-Term Medical Treatment Your attorney needs to understand the type and extent of the injuries. Many injuries require extensive rehab and ongoing treatment resulting in additional medical expenses. Those expenses need to be accounted for in the negotiations and settlement. It takes time to fully evaluate the extent of the injuries and what type of treatment will need to be done. Don't settle the claim too quickly. Injuries may require a series of surgeries and rehabilitation. Modifications to the home may be necessary. Adaptations to vehicles may be required. If a case is settled, there isn’t a way to go back to argue for additional damages. Is It Time to Speak with an Attorney about Your Rear-End Collision Claim? The office phone number is (270) 753-0053. Visit https://www.JeffRobertsLaw.com. Podcast provides information and is not legal advice. Principal office at 509 Main Street, Murray. Jim Ray is a non-attorney spokesperson. This is an advertisement.