Common Causes of Rear-End Collisions and How to File a Successful Claim in New Jersey
Rear-end collisions are among the most frequent types of car accidents in New Jersey. These accidents often result in injuries, vehicle damage, and complicated legal situations. For victims, understanding the causes of these collisions and knowing how to file a rear-end accident claim is critical to receiving compensation.
This guide will walk you through the most common causes of rear-end collisions, how to file a successful claim, and the role of a car accident lawyer in helping you to secure fair compensation.
What Causes Rear-End Collisions?
Rear-end collisions happen when one vehicle crashes into the back of another. While these accidents might seem simple at first glance, various factors often contribute to them. Knowing the causes of rear-end collisions is crucial for victims looking to protect their legal rights and build strong personal injury claims.
1. Distracted Driving
One of the leading causes of rear-end collisions is distracted driving. When drivers take their attention off the road—whether by texting, adjusting the radio, or talking to passengers—they are less likely to notice when traffic slows or stops ahead. This delay in reaction time can result in a crash.
2. Tailgating
Tailgating, or following too closely behind another vehicle, significantly increases the risk of a rear-end collision. When drivers fail to leave sufficient space between their vehicle and the one ahead, they reduce their ability to stop quickly, especially if the lead vehicle brakes suddenly.
3. Speeding
Driving at excessive speeds is another common cause of rear-end accidents. Speeding drivers may not have enough time to stop when traffic suddenly slows or stops, leading to severe NJ highway accidents. The faster a vehicle is moving, the greater the impact and potential for injury.
4. Adverse Weather Conditions
Rain, snow, and ice can make roads slippery and reduce visibility, increasing the likelihood of rear-end collisions. Drivers who do not adjust their speed for hazardous weather conditions may struggle to stop in time, especially if road conditions are poor.
5. Sudden Stops
Sudden stops by the lead vehicle, whether due to traffic congestion, an unexpected hazard, or another driver’s behavior, can cause rear-end collisions. While the driver behind is usually presumed at fault, there are cases where the lead vehicle’s actions may have contributed to the accident.
6. Mechanical Failures
Faulty brakes or other mechanical issues can cause drivers to lose control of their vehicles and collide with the car in front of them. If a mechanical failure is due to defective parts or poor vehicle maintenance, the driver, vehicle owner, or the manufacturing company may be held liable for the accident.
What To Do After a Rear-End Collision in New Jersey
If you’ve been involved in a rear-end collision, taking the right steps can significantly impact the outcome of your car accident claim. Here’s what you should do:
1. Call the Police
Always call law enforcement after a collision, no matter how minor it seems. A police report is an essential piece of evidence when filing a claim. It documents the details of the accident and helps establish fault.
2. Seek Medical Attention
Injuries from rear-end collisions, such as whiplash, may not be immediately noticeable. Even if you feel fine, see a doctor as soon as possible. Medical records will serve as crucial evidence in your claim.
3. Document the Scene
Take photos of the accident scene, including vehicle damage, road conditions, and any visible injuries. Get the contact information of any witnesses, as their statements can support your case.
4. Notify Your Insurance Company
Contact your insurance provider to report the accident, but avoid giving detailed statements until you’ve consulted with a car accident attorney. Insurance companies may try to reduce your payout, and speaking with a lawyer first can protect your rights.
5. Consult with a Car Accident Lawyer
Navigating a rear-end accident claim can be complex, especially if the other driver disputes fault. Consulting a car accident lawyer like Bramnick Law ensures that your claim is handled correctly and that you receive the compensation you deserve.
Filing a Successful Rear-End Accident Claim in New Jersey
Filing a successful rear-end accident claim in New Jersey requires careful preparation and documentation. Here’s a guide to the process:
1. Establishing Fault
In most rear-end collisions, the driver who hit the car in front is presumed to be at fault. However, there are situations where this presumption may be challenged. Your car accident lawyer will help gather evidence such as police reports, eyewitness statements, and photos to strengthen your claim.
2. Calculating Damages
To receive compensation, you must provide proof of your damages. This includes:
- Medical Expenses: Bills for emergency treatment, surgeries, rehabilitation, and ongoing care.
- Lost Wages: Compensation for time off work due to injury, including future lost earnings if your injury affects your ability to work.
- Property Damage: Costs for vehicle repairs or replacement.
- Pain and Suffering: Compensation for physical pain, emotional distress, and reduced quality of life due to the accident.
3. Negotiating with Insurance Companies
Insurance companies often try to offer low settlements. An experienced car accident lawyer can negotiate on your behalf to ensure you receive fair compensation for all your damages. Your lawyer will handle communication with the insurance company, preventing them from taking advantage of your situation.
4. Filing a Lawsuit if Necessary
If negotiations with the insurance company fail to result in a fair settlement, you may need to file a lawsuit. In New Jersey, you have two years from the date of the accident to file a personal injury lawsuit. A car accident attorney will represent you in court, fighting to secure the compensation you are entitled to under the law.
Common Questions About Rear-End Accident Claims
Q1. What if the other driver claims I’m at fault?
In rear-end collisions, the trailing driver is typically considered at fault, but this can be challenged. A car accident lawyer can help gather evidence to counter the other driver’s claims and strengthen your case.
Q2. What injuries are common in rear-end collisions?
Common injuries include whiplash, neck and back injuries, and head trauma. Even minor collisions can lead to serious injuries that require extensive medical care.
Q3. Can I still file a claim if the accident was partially my fault?
New Jersey follows a comparative negligence rule, meaning you can still file a claim if you are partially at fault. However, your compensation may be reduced by your percentage of fault as long as you are found to be less than 50% responsible.
Q4. How long will it take to settle my rear-end accident claim?
The time it takes to settle a rear-end accident claim varies depending on the complexity of the case and whether the insurance company offers a fair settlement. Your lawyer will work to resolve your case as efficiently as possible.
Were You Injured in a Rear-End Accident? Contact Bramnick Law – Your Skilled Car Accident Lawyers in New Jersey
If you’ve been involved in a rear-end collision, don’t wait to seek legal help. The experienced car accident attorneys at Bramnick Law are ready to assist you with your rear-end accident claim and help you get the compensation you deserve.
Contact us today at 866-845-5571 or through our online contact form to schedule a consultation and discuss your legal options.