Rear-end collisions are the most frequent type of car accident, with millions occurring in California each year. Rear-end collisions generally do not happen without some degree of negligence, and most of them could have been avoided. If you were injured in a rear-end collision in San Marcos, Escondido, Vista, Oceanside, or Carlsbad, you should speak with a personal injury attorney to discuss your right to pursue compensation from the driver who caused the accident. Zev Rubinstein is a dedicated San Marcos car accident lawyer with over 25 years of experience. He will work diligently to help you seek damages for the physical and financial harm caused by the collision.Causes of Rear-End Collisions
The California Vehicle Code requires all drivers to refrain from following the vehicle in front of them any more closely than is reasonable and prudent, considering traffic conditions and the speed of the vehicle. When drivers fail to abide by this duty and follow too closely behind the car in front of them, it may result in a collision. In other cases, a driver may be traveling too fast to stop in time and may strike the car that they are following. Drivers who are distracted may also not notice that they do not have time to stop until it is too late. Additionally, if a driver fails to take into account the risks caused by rain or fog and adjust their driving, this can cause an accident.Proving Liability Following a Rear-End Collision
In most cases arising out of a rear-end collision in Vista, Escondido, Oceanside, Carlsbad, or San Marcos, the injured person will assert that the other driver involved in the accident was negligent and therefore should be liable for the injured person’s harm. Under California law, to recover compensation under a theory of negligence, the injured person must show that another person owed them a duty to exercise due care, the duty was breached, and the breach caused the accident. The injured person must also show that they suffered actual damages as a result of the accident.
In many cases involving rear-end collisions, liability will not be disputed. In other words, the negligent driver will admit that they breached the duty to drive in a safe manner by striking the injured person’s vehicle from behind. The negligent driver may attempt to argue that the injured person did not sustain any damages or sustained minimal damages as a result of the accident, however. Thus, it is crucial for the injured person to document all of their medical treatment and expenses related to the accident. In some cases, it may also be necessary for their attorney to retain an expert to causally link the accident to the injured person’s harm.Damages Recoverable in Rear-End Collision Cases
If you were injured in a rear-end collision, you may be able to recover the costs of any past and future medical expenses for the treatment of your injuries and the cost of repairing any damage to your vehicle. If you could not return to work after a collision in Vista, Carlsbad, Oceanside, Escondido, or San Marcos, you may also be able to recover compensation for lost wages and loss of future earnings. In addition to compensation for your financial harm, you may be able to recover damages for the pain and suffering that you experienced due to the injuries caused by the accident. If you were married when the accident occurred, your spouse may be able to recover compensation as well. An experienced personal injury attorney can evaluate the full extent of the harm caused by your rear-end collision and assist you in seeking compensation.Consult a Skilled Car Accident Attorney to Explore Your Options
While some rear-end collisions are insignificant, many cause substantial injuries and economic losses. If you were harmed in a rear-end collision, it is critical to retain a car accident lawyer to assist you in pursuing any damages that you may be owed. Zev Rubinstein will gather the evidence needed to support your claims and develop effective arguments that will aid you in seeking the full amount of compensation recoverable under the law. Mr. Rubinstein is based in San Marcos, and he also represents people injured in rear-end collisions in Oceanside, Vista, Escondido, Carlsbad, and other communities in North San Diego County. Mr. Rubinstein can be contacted at 760-804-2790 or via the online form to set up a free and confidential meeting to discuss your case.