Rear collisions occur when one vehicle follows the other too closely and does not stop or delay when the forward movement slows down. This means that this type of collision occurs roughly two and a half million times per year, according to statistics from the National Highway Traffic Safety Administration (NHTSA).
The occupants of both vehicles have the possibility of being injured in rear-end collisions. Even if these accidents happen at a low speed, they may still result in serious injuries. Both drivers and passengers who are injured in a rear-end crash need to speak with a car accident attorney to protect their compensation rights from the opposite driver responsible for the accident.
Compensable Damages
If you have incurred any of the following expenses caused by an accident, then you may be entitled to compensation for them:
- Medical costs: All your medical costs that were not covered by your insurance can be compensable. This includes hospital bills, surgeries, doctor visits, care provided by nurses, and prescription drug costs.
- Rehabilitation costs: Continuous rehabilitation costs such as care provided by a medical professional in your home, physical therapy, speech therapy, occupational therapy, and other rehabilitation costs are reimbursable.
- Personal out-of-pocket expenses: If you spend money on childcare, cleaning aids, or other help who you did not previously need before your injuries, those expenses are generally compensable. You can also receive compensation for expenses that will be incurred in the future.
- Loss of income: Loss of income due to being out of work, time in the future that you will be out of work, work hours that are reduced, and income reductions due to a change in the work due to your injuries are compensable.
- Pain and suffering: Shame and physical pain and suffering incurred due to physical disabilities or disfigurement caused by the accident may also be compensable.
- Property damage: If there was property damage as a result of the accident in question, you may be entitled to compensation for those damages.
When Compensation May be Reduced
The compensation described above can be reduced if you were at fault in the accident. Usually, insurance companies and courts will assign each party a percentage of fault for the accident and the compensation you receive may be reduced by the percentage of responsibility attributed to you.
For example, if you were in a car accident because a person ran a red light and struck your vehicle, they will likely be found at fault. However, if you were not paying attention because you were on your cell phone, the court may find you to be partially at fault as well. If the court places you 30% at fault for the accident, for example, and you would have been awarded $100,000, your compensation would be reduced by $30,000 for your percentage of fault.