Are you or your loved one dealing with injuries from a rear-end crash that could have been avoided if another driver were more careful? If you, your spouse, or your children are suffering from rear-end accident injuries, do not hesitate to reach out to our experienced Wisconsin personal injury attorneys at Studinski Law, LLC. We are here to review your situation and give you an objective opinion regarding your legal options, which may include moving forward with a third-party insurance claim or a personal injury lawsuit. Whatever your situation, we will help you recover the compensation you are entitled to under the law and that you need to move forward after a crash. Call Studinski Law, LLC at (715) 343-2850 for a free, no-risk consultation.
Common Causes of Rear-End Accidents
All drivers should be careful while on the road and mindful of traffic rules, but it is a rare day when every driver on the road is as responsible as they should be. You or your loved one may have been injured in a rear-end accident if the other driver was:
Rear-End Accident Injuries
Rear-end accidents are sometimes very minor. A tap of one bumper to another sometimes does nothing but jostle the drivers and passengers. However, not every rear-end accident is a slight fender bender. Rear-end accidents, particularly those that occur at high speeds, can total vehicles and significantly injure drivers and passengers in all the vehicles involved. As a victim of a rear-end accident, you might be experiencing:
- Broken bones including: fingers, hands, wrists, and arms
- Soft tissue injuries, including the muscles, ligaments, and tendons
- Back injuries
- Concussions or more serious traumatic brain injuries
- Facial lacerations and other injuries
- Burn injuries from the airbag
- Broken ribs from the seatbelt
Recovering Compensation After a Rear-End Accident
To recover compensation, you must prove the other driver was negligent while behind the wheel. This means the driver, who should have been following the rules of the road and behaving cautiously, was driving in a way that did not maintain the proper amount of safety. This can include violating one or more traffic laws or driving in an inappropriate way that increases the risk of an accident.
Once you prove the other driver’s negligence, you must show the driver’s negligent behavior was a cause of the accident and in turn your injuries. After establishing the elements of your personal injury claim, you can seek compensation that covers your physical, psychological, and financial injuries. More specifically, you can pursue compensation for your:
- Medical expenses
- Wage loss
- Pain and suffering
- Emotional distress and mental anguish
- Loss of enjoyment of life
- Loss of earning capacity
- Loss of society and companionship
- Property damage, when applicable
- Punitive Damages, when applicable
Contributory Negligence for a Rear-End Accident
We have noticed an increasing trend of insurance company’s claiming that when someone is rear-ended that he or she is at least partially at fault for the wreck. For the most part, this defense lacks merit. However, it is important to remember that you may also be partly to blame for a rear-end accident, even if your vehicle’s back end is the one that is damaged in certain selective circumstances. For instance, if your brake lights were not working, you suddenly and unnecessarily slammed on your brakes, or you reversed into another vehicle, then you may be entirely or partly at fault for the other vehicle crashing into you. In these situations, you can expect the other driver to fight back against responsibility and paying compensation. You may be put in the position where you must prove you did not contribute to the accident or that you only contributed a small percentage, which would not prohibit you from recovering compensation.
Under Wisconsin law, if judge or jury determines you were more at fault for an accident than the other driver, more specifically, if you were 51 percent or more responsible, then you are barred form recovering compensation. You must bear the brunt of the financial consequences of the accident yourself. However, if you are 50 percent or less responsible for the crash, then you can still recover compensation. The consequence of your fault is that your compensation will be reduced by your percentage of responsibility. For example, if a judge or jury determines you are 20 percent at fault for the rear-end crash, you will be entitled to only 80 percent of your total compensation.
I Was Rear-Ended – Should I Get a Lawyer?
If you are suffering from injuries and pain after a rear-end collision, contact an experienced car wreck attorney at Studinski Law, LLC as soon as possible. Once we begin working together, we can conduct an independent investigation into the accident to determine liability and gather evidence for your case. Through years of working with insurers and litigation car accident claims, we have the experience, skills, and resources you need to prove your right to a financial recovery. Our goal will be to build the strongest case possible so you receive the maximum compensation possible under the law.