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Rear-End Collision Lawsuits in Pennsylvania: Injuries, Compensation and Determining Fault

car after rear-end accidentThere are several things you need to know about rear-end collisions, which are some of the most common car crashes that occur on our nation's roadways.

The capable auto accident attorneys in Harrisburg at Schmidt Kramer have created a guide to these crashes, covering the types of injuries they cause, how insurers and juries determine fault, and the types of compensation victims could recover in a personal injury claim.

Our firm has successfully pursued compensation for victims of many types of car crashes. There is no charge for our professional case evaluation and we only charge for our services if you receive compensation.

Rear-End Collision Injuries

Rear-end accidents can lead to serious injuries and fatalities, especially when the rear car is moving at a high speed. Some common types of rear-end collision injuries include:

  • Spinal cord injuries
  • Traumatic brain injuries
  • Back injuries
  • Herniated discs
  • Nerve damage
  • Fractures
  • Lacerations
  • Sprains

Determining Fault for the Crash

The rear driver in a rear-end collision is often found at fault. However, there are other situations where the lead driver is fully or partially responsible.

In a car accident case, like most other personal injury claims, a driver must be proven to be negligent to be found at fault for the crash.

4 Elements of Negligence

To show the other driver was negligent, you and your personal injury attorney must establish four things:

  • The other driver owed you a duty of care to drive in a safe manner to prevent you from suffering an injury.
  • The other driver violated this duty of care. Violations could include tailgating, speeding, texting and driving, failing to yield the right of way, or some other form of reckless driving.
  • The violation of the duty of care was the primary cause of the injuries that you suffered. Your attorney will likely have to counter arguments from the other side about your injuries being caused by a preexisting medical condition or your actions before the crash.
  • Your injuries caused damages, such as medical bills, pain and suffering, property damage, or lost wages.

Comparative Negligence

There are often situations where a rear-end crash victim is partially responsible for his or her injuries. These situations are governed by Pennsylvania's comparative negligence law.

Under this law, victims cannot recover compensation if their percentage of responsibility exceeds 50 percent. They can recover compensation if their percentage of responsibility is 50 percent or less, but their compensation award will be reduced by their percentage of fault. For example, if you were found to be 40 percent responsible and awarded $100,000 in compensation, your award would be reduced to $60,000.

Drivers are often found partially responsible for rear-end crashes if they did the following before the crash:

  • Reversed suddenly
  • Made a sudden stop
  • Cut off the other driver

Compensation for a Rear-End Collision

Accident victims are legally entitled to pursue compensation for the injuries that they sustain, including:

Economic Damages

Economic damage awards in rear-end accidents may be substantial and can include the following forms of compensation:

  • Cost of current and future medical expenses
  • Lost wages
  • Lost earning capacity
  • Repair or replacement of the fair market value of your car
  • Funeral and burial expenses if the crash victim died

Non-Economic Damages

Pennsylvania accident victims can also recover for the non-economic damages that they have suffered, such as:

  • Physical pain
  • Disability
  • Physical disfigurement
  • Loss of enjoyment of life
  • Mental anguish

The amount of compensation you recover depends on the details of your case, particularly the evidence that is presented.

Contact our Trustworthy Harrisburg Car Accident Lawyers

We have fought for the rights of car accident victims for more than 25 years. We are dedicated to helping you obtain the compensation you deserve and holding the at-fault driver responsible for his or her negligent actions.

When we take a case, we conduct a thorough investigation and aggressively pursue fair compensation for all of the damages you have suffered. Our skilled lawyers work on contingency, so there is no charge for your initial consultation and we do not charge for our services unless you receive compensation.

Schedule a free case review by calling (717) 888-8888.