Hit From Behind Accidents

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Rear-end collisions are the most common type of motor vehicle accidents. Most occur in heavy traffic with cars closely behind each other so that there is little time or room to stop if the car in front suddenly stops. Slow moving or distressed vehicles on the roadway are always a danger for approaching cars.

The Duty of Motorists

Motorists have a legal duty to exercise reasonable care when driving. This includes obeying all traffic laws as well as maintaining a reasonable distance behind a vehicle in front of them. Driving too fast for the posted speed limit or for traffic conditions and tailgating are examples of negligent driving behavior that can easily result in rear end collisions.

Along with tailgating or speeding, faulty brakes or simple inattention from distracted driving or intoxication may cause a rear end accident. Any time a vehicle is too close to the car in front of it, there is the potential for a rear-end collision. If you were injured by negligent driving in Revere, contact Deborah Gold-Alexander, an experienced hit from behind car accident lawyer.

Injuries from Rear-End Collisions

A motorist whose car is hit from behind often sustains a whiplash or soft tissue injury that affects the neck and back areas. A driver’s torso is forced forward in the accident while the neck is thrust backward when the collision occurs and then whips forward. This results in musculoligamentous tears of the muscles, ligaments and connective tissue in the neck and back with hemorrhaging in some cases. It is often described as an acceleration injury with hyperextension.

Symptoms from a soft tissue or whiplash injury may include:

  • Nausea
  • Headaches
  • Fatigue
  • Jaw pain
  • Decreased range of motion of neck and back
  • Neck pain and stiffness
  • Low back pain
  • Dizziness
  • Pain and numbness in hands and arms

While most symptoms of whiplash dissipate after about 6 weeks, a fairly substantial number of victims report symptoms that last for years. If you have preexisting conditions such as degenerative changes, a whiplash injury can severely aggravate it and cause more lasting pain and other symptoms.

Other injuries from a rear end collision include traumatic brain injuries, spinal cord injuries such as herniated or bulging discs, broken limbs and knee injuries.

Proof and Causation Issues

As discussed above a significant number of hit from behind auto accidents result in soft tissue injuries. Since these injuries are difficult to substantiate with X-rays or other diagnostic tools, insurers are often skeptical of those who claim their injuries have lasted more than 6 weeks or that they require months of chiropractic or other treatment. Compounding their skepticism is that these injuries typically do not manifest symptoms for a day or more. It is also not unusual for claimants to delay treatment by a health care practitioner for a week or more to self-treat or to see if their symptoms improve on their own. This can cause problems for those whose injuries are more significant than first perceived or for anyone bringing a personal injury claim since an insurer will argue that if the injury was indeed serious, the claimant would have sought immediate care.

Since plaintiffs have the burden of proving that their injuries were caused by the accident, any delay in obtaining treatment or in retaining an attorney can present causation issues and may result in an insurer making a low offer of settlement if at all.

Complications also arise if more than one vehicle was involved. For example, in heavy traffic it is not unusual for a stopped vehicle to be rear-ended more than once. In such cases, liability may be apportioned. It may also be difficult to determine which collision resulted in the plaintiff’s injury, especially if the second collision was more forceful than the initial one.

In some cases, the motorist who rear ended the plaintiff’s car may claim that the plaintiff was negligent in stopping too quickly or failed to warn approaching motorists if their car broke down on the roadway and blocked a lane or was not completely off the road. In these instances, the plaintiff may have to accept some degree of comparative fault, which will reduce the amount of compensation awarded the plaintiff. In Massachusetts, plaintiffs may not be more than 49% negligent or they may not collect any compensation.

Retain Attorney Deborah Gold-Alexander

Although liability issues usually do not arise in rear end accidents, comparative liability may be alleged or a third party may be blamed. Whether the accident did indeed cause the injuries complained of is more commonly disputed as are the extent of such injuries. For these reasons, you need the experience and resourcefulness of a personal injury attorney like Deborah Gold-Alexander who has successfully handled these and other auto injury cases in Revere and throughout Massachusetts for over 25 years. Call her office today for a free assessment of your personal injury case.