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Injured in a car accident in Kansas City? Time is of the essence. Call Devkota Law Firm Now To Get on the Path to Your Best Recovery
Rear-end accidents are common on American roadways. National Highway Traffic Safety Administration data shows that rear-end collisions represent over 29% of all vehicle crashes. These incidents can lead to a range of injuries, from minor to severe, life-altering conditions. Victims of rear-end crashes may experience debilitating physical injuries and significant psychological impact.
Our Kansas City injury lawyers have handled many such cases and have won substantial settlements for our clients. While fault typically lies with the driver who is tailgating, you must be able to prove their negligence to build a successful claim. A Kansas City rear-end accident lawyer can help you seek justice and secure rightful compensation.
Rear-end collisions can be attributed to various factors, often involving a combination of driver behavior and other conditions beyond their control. After a rear-end crash in Kansas City, your lawyer will seek to understand the cause of the accident to help establish liability. These causes include the following:
Rear-end collisions are often perceived as minor fender-benders, yet they can lead to severe injuries that impact one’s quality of life significantly. Here are common injuries resulting from such collisions:
Whiplash is one of the most common injuries victims sustain from rear-end collisions. Also known as cervical strain or neck strain, whiplash happens when the head is forced forward and then backward suddenly, causing strain on the neck muscles and ligaments.
The symptoms of whiplash may manifest as reduced motion range, neck pain, headaches, and stiffness. According to the Mayo Clinic, around 50% of people with whiplash will continue to experience symptoms for several months or even years. This is especially true for older people, those who had previous whiplash, or when the crash happened at high speeds.
Head injuries can occur if the head strikes the steering wheel, dashboard, or another object during the collision. These injuries may have life-threatening and lasting effects, including cognitive impairments, memory loss, and emotional disturbances. The CDC reports that TBIs contribute to about 30% of all injury-related deaths in the U.S.
Chest injuries may include bruised ribs or damage to internal organs. The force of the crash can compress the chest, causing significant pain and potential long-term complications. Victims who suffer chest injuries require proper medical evaluation to assess the extent of chest injuries and ensure appropriate treatment.
Back injuries involving herniated discs and spinal cord damage are also prevalent in rear-end accidents. These injuries may result from the sudden jolt of the collision, causing damage to the spine and surrounding tissues.
In cases of severe back injuries, victims can sustain chronic pain, mobility issues, and long-term disability. The American Association of Neurological Surgeons highlights that about 50% of individuals who suffer back injuries will have recurrent effects of back issues a year later or more.
Back injuries can often be managed with conservative treatments like medication, injections, heat and ice therapy, chiropractic care, or physical therapy. However, they may occasionally lead to long-term complications.
In rear-end accidents, there is a general presumption that the rear driver is at fault. This comes from the basic principle that drivers should keep a safe following distance. This distance is key in ensuring that the rear vehicle can stop safely if the vehicle in front suddenly brakes. If the rear driver doesn’t keep this safe distance, they can be held accountable.
However, there are notable exceptions to this rule where the front driver might be at fault. These include the following:
Sometimes, rear-end collisions may involve multiple vehicles, which introduces additional challenges in proving fault. In such scenarios, the rear-most driver is typically presumed at fault for initiating the chain reaction.
However, if one of the middle or front drivers were also negligent, such as by following too closely or braking abruptly, they might share the responsibility. This is often a shared fault scenario that demands careful examination of all involved parties’ actions to fairly allocate liability.
Additionally, parking lots are common sites for rear-end accidents. This is because of the fact that vehicles are frequently maneuvering to park or exit spaces. While the rear driver is usually blamed in these environments, specific circumstances, like a car backing out unexpectedly or stopping suddenly, are key considerations in fault determination.
Given these complexities, rear-end accidents have to be investigated thoroughly. To prove fault, you must show that the other driver acted negligently. The evidence available is key in determining fault in rear-end accidents. Essential evidence includes statements from both drivers and witnesses, traffic camera footage, and physical signs at the scene, like vehicle damage and skid marks.
These elements offer a clearer picture of the events leading up to the accident. Insurance companies and car accident claims are often subject to detailed investigations to assess this evidence accurately, which is vital for establishing liability.
As can be seen, proving fault for rear-end car accidents in Kansas City may not be a straightforward process. Fortunately, a Kansas City rear-end accident lawyer will help you understand your rights, prove your case, and build a winning case to seek fair compensation.
The actions you take immediately following a rear-end accident in Kansas City are vital in protecting your health, securing your rights, and building a winning legal case. If you follow these steps, you can ensure that you have the necessary evidence and information to pursue a claim for compensation. Here are the steps to take after a rear-end accident in Kansas City:
Safety should always be your top priority after an accident. The impact of a rear-end crash can cause disorientation, shock, or injuries, so it’s essential to assess your condition and that of others involved.
First, make sure you and your passengers are safe. If anyone is seriously hurt, avoid moving them and wait for emergency responders. If the vehicles are drivable, move them to the side of the road to prevent further accidents or traffic disruption. However, if the vehicles are severely damaged, or moving them could worsen injuries, leave them in place and turn on your hazard lights.
Once safety is ensured, contact the authorities to report the accident. Under Missouri law, you must report an incident to police if there are injuries, property damages of $500 and over, or fatalities. This report is an important piece of evidence when launching an insurance claim or lawsuit, as it provides a neutral, third-party account of the incident.
Make sure you are checked by a medical professional at the scene. This ensures that any serious injuries are treated before they progress to advanced stages.
Sometimes, the accident shock may mask pain or more serious injuries that may manifest later. Attending a check-up can help identify issues early and boost the chances of a full recovery. Medical records from the accident scene or soon after are important for demonstrating the severity of your injuries.
Additionally, continue to follow your doctor’s recommendations, attend follow-up appointments, and maintain records of your treatment. This helps set a timeline of your injuries and demonstrate their impact on your daily life.
Retaining information about the other driver is another fundamental step. These details could help support your claim. The details to exchange include:
Exchanging information is important because it provides you with the necessary details to file an insurance claim or lawsuit. Accurate and comprehensive data ensures that the responsible party can be held accountable.
Evidence from the accident scene is invaluable when building your case. You need to thoroughly capture the details of the accident scene to help support your claim and help prove the other driver’s negligence.
This includes photos of the vehicles, images of the road conditions, skid marks, traffic signs, and any other relevant elements like debris. If possible, record a video of the scene. This documentation provides a visual record of what happened.
Once you’ve addressed your immediate health concerns, report the accident to your insurance company. Many policies require you to notify them within a specific time frame.
When reporting the accident, be honest and factual. Stick to the details and avoid speculation. However, do not admit fault, as the determination of fault will be handled by the insurance companies and possibly the courts.
Finally, you need to have legal representation to ensure your rights are protected and that your rear-end accident claim is handled professionally. Your rear-end accident attorney in Kansas City will assess your claim and advise on its validity.
Dealing with a rear-end accident involves managing multiple challenges simultaneously: emotional trauma, medical expenses, legal processes, and potential long-term disability. This is where the experience of an attorney becomes a must-have asset. Hiring our law firm avails the following benefits:
A lawyer from Devkota Law Firm will evaluate your claim and give you proper legal guidance. We will help you understand your options, interpret the legal statutes, and ensure that your case is handled professionally and meets merits for compensation.
Rear-end accidents require thorough investigation to determine who was negligent. Our team will keenly investigate your case to prove your case. Your rear-end accident from our firm may even have to work with our network of accident reconstruction experts. We don’t spare our resources when it comes to building your claim to increase the chances of a successful outcome.
It may not be easy to deal with insurance directly when it comes to rear-end accidents. Luckily, your attorney knows how to negotiate with insurance companies to prove accident claims. We engage in back-and-forth negotiations with the defendants to push for fair recovery. We will ensure that any settlement offer adequately covers your injuries, medical expenses, and other damages.
If winning a fair settlement proves difficult, we will take your case to trial. We will represent you with dedication and present evidence clearly to fight for your rights in front of a judge and jury.
We understand that vehicle accidents may throw victims’ lives off balance. With so many aspects of your life changing in an instant, we are ready to support you in this difficult time. Our team provides compassionate support in managing the stress and emotional impact of the accident while pursuing a favorable legal resolution.
Don’t face the aftermath of a rear-end collision alone. Hire a Kansas City, Missouri rear-end collision attorney who will fight for your rights. At Devkota Law Firm we will pursue the compensation you deserve, call our office today at (816) 307-0355 or visit our website for more information.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partiner, Tarak Devkota who has more than 20 years of legal experience as a personal injury attorney.
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