Drivers are always supposed to use reasonable care to give themselves sufficient distance to stop without striking another car in front of them. If you were injured in a rear-end accident caused by someone else, you should discuss whether you have a viable basis to sue with the seasoned Quincy car accident attorneys of Brabant & Huynh, LLP.Rear-end Accidents
Collisions from the rear are very common. They occur when one driver strikes another car from the rear. They can result in a chain reaction where the first rear-end collision results in another and another. Generally, the driver of the striking car must take responsibility, since drivers are supposed to leave themselves enough room to come to a complete stop without hitting anyone else. However, there are circumstances in which a driver in front bears full or partial responsibility. For instance, if her brake lights are out, the driver following her may not realize she is coming to a stop or that she’s already stopped, and may not brake in time to avoid a collision.
Depending on the speed at which the rear driver struck the car in front, the scope of injuries may be significant. When cars are moving slowly, as on residential streets, the impact may cause soft tissue injuries or head trauma. However, when drivers are traveling at high speeds on the freeway, a rear-ending could result in catastrophic injuries such as spinal cord damage or traumatic brain injury.Liability
In order to recover damages for a Quincy rear-end accident, a plaintiff will need to establish the other driver’s fault. Usually this requires proof of negligence. The plaintiff will need to show it’s more likely than not the other driver owed a duty of care to avoid the rear-end accident, but he breached that duty and caused injuries. All drivers owe a duty to use reasonable care to avoid a rear-end accident and harm to others on the road. The duty to use reasonable care can be breached in many different ways including tailgating, weaving, drunk driving, speeding, racing, and distracted driving. For instance, if a driver is tailgating you in heavy traffic on the freeway and as a result, when you brake, he slams into the rear-end of your vehicle, he may be found negligent.
Often defendants, their insurers, and their lawyers look for ways in which another party was at fault for the accident, even when liability is straightforward. In Massachusetts, the doctrine of comparative negligence provides that your damages can be reduced by an amount equal to your percentage of fault. However, if you were 51% or more responsible for a rear-end accident, you will not be able to recover damages at all. For instance, if your brake lights were out and because of that, another driver rear-ended you when you stopped unexpectedly in a line of cars, a jury could find that you are 60% responsible for your own injuries; in that case you wouldn’t be able to recover damages, even if your injuries were catastrophic.
Sometimes multiple drivers are at fault for a Quincy rear-end accident, such as when, for example, a driver that is struck has left insufficient room behind another car, and as a result of the rear-ending rolls into the tail-end of that car, resulting in a rear-end collision. Massachusetts follows the rule of joint and several liability, which means that any defendant in a lawsuit that is at fault, however minor, for a rear-end accident, can be held accountable for the full damages.Damages
Compensatory damages can include medical bills, rehabilitation, therapy, out-of-pocket costs, replacement services, loss of enjoyment, loss of consortium, emotional anguish, and pain and suffering. The extent and kinds of injuries will determine what damages should be recovered.Consult a Seasoned South Shore Rear-end Accident Attorney
The Quincy lawyers of Brabant & Huynh may be able to represent you in a lawsuit for damages arising out of rear-end collision. We also represent car accident victims in Dorchester, Mattapan, Milton, Dedham, Canton, Stoughton, Randolph, Holbrook, Braintree, Weymouth, Hingham, Brockton, Bridgewater, Avon, Hanover, Abington, and Norwell. Call us for a free consultation at (617) 934-0913 or complete our online form.