Maison Law helps car accident victims throughout California. Car accidents bring up many questions, with one of the main ones being who is at fault. Even in a straightforward situation like a rear-end collision, determining fault can be tricky. Our experienced car accident lawyers can guide you through this process. Contact us for a free consultation.
Who’s at Fault in a Rear-End Collision on a Freeway?
Fault might seem simple when there’s something as stark as a rear-end collision on the freeway. After all, there’s really no reason other than negligence that would cause somebody to plow into the rear of your car when you’re in front of them.
At the same time, though, there’s always different circumstances that fault hinges on. Legally, it hinges on negligence–which means:
- The other party had a duty to drive carefully.
- They did not fulfill this duty (acted carelessly).
- This carelessness led to the accident.
- The accident directly caused your injuries or damages.
Once these points are able to be shown, fault can be determined and it’s usually largely going to fall on the driver. However, even in rear-end collisions, more than one party can share the blame, which could involve:
- Vehicle owners – If poor vehicle maintenance, like faulty brake lights, contributed to the accident, the owner may be held liable, especially if they allowed someone else to drive the car.
- Car or parts manufacturers – If a defect like malfunctioning brakes or lights caused the crash, the manufacturer or seller could be responsible.
- Government agencies – If poor road conditions or non-functioning traffic signals played a role, the responsible government entity might be held liable.
- Pedestrians or passengers – If someone stepped out of their car and entered the freeway suddenly or they distracted a driver as a passenger, they could share some responsibility.
In California, you can file claims against all parties who share fault. Although this can make the process more complex, it can also help you recover more financial support when you do file a claim.
What Damages Can You Get in a Claim After a Rear-End Collision?
Once you’re able to figure out fault, you can move forward with actually filing a claim to recover “damages.” This is the main legal protection you have against someone else’s negligence, and in a rear-end collision on a freeway, your injuries and losses can be severe.
You generally have two main options for filing a claim to get these damages:
- Insurance claim – This approach can lead to a quicker payout. However, insurance companies often try to settle for less, which may not fully cover your losses.
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Lawsuit – This option involves taking your case to court, where a judge or jury decides the outcome. Although it requires more time and effort, it may lead to a fairer result.
Your damages are going to be unique to your accident and other factors, but generally, you can potentially recover:
- Medical bills and ongoing treatment costs
- Lost income and reduced future earning ability if you can’t return to work
- Car repair or replacement expenses
- Pain and suffering from physical injuries
- Emotional distress from the accident’s impact
- Loss of enjoyment of life
- Wrongful death expenses, if applicable
- Punitive damages in cases of severe negligence
Even with the right to file a claim, there’s still important things you need to know. Perhaps most importantly, you only have two years from the date of the accident to file a claim. If you miss this deadline, you won’t be able to get damages at all.
Why Do Rear-End Collisions Happen on California Freeways?
Many Californians spend a lot of time driving, especially on busy freeways. The heavy traffic on highways like I-5 and I-405 contributes to frequent rear-end collisions. Key reasons for these accidents include:
- Distracted driving – Drivers that do things like text, eat, or otherwise don’t pay attention to the road can cause them to miss sudden changes in traffic, leading to rear-end collisions.
- Tailgating – Following too closely leaves little time to react if the car in front stops suddenly, causing accidents.
- Speeding – Driving too fast makes it difficult to stop quickly, increasing the chance of rear-ending another vehicle.
- Impaired driving – Using alcohol or drugs slows reaction times and affects judgment, making rear-end crashes much more likely.
- Mechanical issues – Problems with brakes or other parts can prevent a car from stopping in time.
- Road hazards – Hazards like potholes or debris can affect a car’s ability to stop safely, leading to potential rear-end accidents.
No matter what the actual reason is, rear-end collisions on California freeways can have serious impacts. If you’re involved in one, getting legal help is one way to make your recovery go a bit smoother. And the best way to make sure you have what you need for a successful claim is to work with our team.
Contact Maison Law After a Rear-End Collision on a California Freeway
Rear-end collisions can happen at any time on busy California freeways. When you’re involved in such an accident, our team at Maison Law is here to guide you through the claims process so you can recover damages like:
- Medical expenses
- Lost income
- Car repair or replacement costs
- Pain and suffering
- Emotional distress
- Reduced quality of life
- Wrongful death expenses, if the accident is fatal
You don’t have to face the challenges of a rear-end collision alone. Contact us today for a free consultation to talk about your options and get the support you need.
