Being rear-ended at a stop light, while stuck in interstate traffic, or under any circumstances can be a jarring and traumatic experience even if you are fortunate enough to walk away without any physical injuries. In more severe situations, the consequences of an incident like this can last for months or sometimes years afterwards, substantially affecting your future prospects and decreasing your overall quality of life.
Recovering fairly for the effects of rear-end car accidents in State College can be difficult without guidance from a seasoned auto collision attorney. With experienced legal counsel on your side, you could more proactively enforce your rights and pursue the monetary damages you deserve, whether that involves insurance negotiations, civil litigation, or a combination of both.
It might seem reasonable to assume that when one car runs into the back of another, the rearmost driver is always the one considered legally responsible for causing the wreck. While it is true that the vast majority of rear-end car crashes in State College and across America follow this pattern, that does not mean it holds true in every situation, or that a civil court will automatically confer liability onto a particular driver because of it.
As with any other civil claim based on a traffic accident, a person seeking compensation for damages sustained from being rear-ended must prove negligence by at least one other party involved to financially recover through a third-party settlement or civil court verdict. This means showing that the other person did something reckless, negligent, or careless that caused a crash that otherwise would not have happened.
Additionally, the injured plaintiff may have the recovery reduced if he or she was also partially to blame for causing the crash. 42 P.S. §7102 allows courts to limit the total available recovery based on the percentage of fault a plaintiff is found to bear, and even to forbid that plaintiff from recovering anything if he or she is found more at fault that the defendant. This could be the case in a rear-end collision if, for example, the victim’s brake lights were not functioning properly, or if the victim suddenly swerved into the path of a trailing vehicle.
Some recoverable damages for out-of-pocket expenses like vehicle repair costs and medical bills from a rear-end car accident in State College will come from an injured person’s own insurance coverage, depending on the type of coverage you have.
However, fault is necessary to seek recovery through third-party litigation for other damages, including:
Additionally, the specific insurance coverage an injured individual has can affect whether he or she has the right to pursue such a claim after this type of incident, as a well-practiced car accident lawyer could further explain.
While they are not quite as dangerous as other types of automobile crashes (such as head-on collisions), rear-end car accidents in State College still cause serious harm to far too many people each year. Even worse, your ability to recover comprehensively for your losses may vary depending on the circumstances, in ways that can be hard to understand and navigate around without professional legal guidance.
Fortunately, the help you might need is available from a knowledgeable legal professional with a track record of getting positive case results for people like you. Call the dedicated team of attorneys at Marcus & Mack today to get started.