WHAT YOU SHOULD KNOW ABOUT REAR-END ACCIDENTS IN LOUISIANA


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Rear-end crashes may be far more serious than you think. At first, it may seem like you were in a minor crash, even if there was some damage to your car. However, rear-end car accident injuries are not always apparent at the time of the crash, or even in the first days after the accident. The other entity that may act like a rear-end accident was not serious is the insurance company. Regardless of the type of crash, you are legally entitled to compensation when someone else caused the crash. 

 

Your Injuries May Not Be Apparent at the Time of the Crash

 

The most common type of injury in a rear-end car accident is whiplash. When your car is hit from behind, the physics of the crash means that your head snaps forward while your body remains still. The violent motion of your head and neck can cause a number of different types of injuries.

 

First, you could suffer neck and back injuries from whiplash. Some accident victims could suffer from severe pain or reduced motion. At the minimum, they could suffer a neck strain. Some whiplash injuries could be far more serious and require surgery or extensive rehabilitation. Whiplash neck injuries could be permanent.

 

Second, and even more alarming, whiplash could cause a traumatic brain injury. The violent motion could cause your brain to move inside your head. The brain could hit the skull, causing a concussion or more serious brain injury. Traumatic brain injuries could require significant medical intervention for you to have a chance of returning to normal. If you delay in getting checked out and treated, you could lose valuable treatment time. 

 

Always See a Doctor After a Crash Just to Be Sure

 

The delayed, yet serious injuries caused by whiplash make a trip to the doctor’s office a must after a rear-end car accident. Even if you think that you have not been injured, you should confirm that with your doctor. One trip to a physician could reveal injuries that you did not think you had. The early diagnosis could save you from suffering more serious damage because your injuries lingered without treatment.

 

If you intend to seek financial compensation, you must visit a doctor for a comprehensive diagnosis. Delaying a trip to the doctor’s office increases the chances that the insurance company could claim that:

 

  • Your injuries originated from something other than your rear-end car accident
  • You made your injuries worse by delaying treatment, and you should receive less money as a result

 

Even if your rear-end car accident aggravated a pre-existing condition, you can still be compensated for your injuries, no matter what the insurance company says. In any personal injury case, the rule is that you take your victim as you find them, meaning that it does not matter whether you were more likely to be injured in a rear-end car accident. The responsible party must pay for all damages that they caused, regardless of your condition prior to your accident. 

 

There Are Some Presumptions of Liability

 

In any rear-end car accident, there is a presumption that the driver of the car that hit the lead vehicle is at fault for the crash. While this is a presumption, it is not an ironclad rule. If the lead vehicle stopped short in front of the rear car or cut them off, then the front car could bear responsibility. Nonetheless, the rear driver faces an uphill battle if they are trying to obtain compensation. However, if you were the rear driver, and you believe that the front car was at fault, it never hurts to contact an attorney to discuss your case. It will not cost you anything. 

 

Because some rear-end car accidents are not serious, and they have a lower fatality rate than other types of crashes, insurance companies may try to minimize your damages. In some cases, they are able to get away with it. However, the responsible party has a legal obligation to pay for all your accident damages, regardless of how the crash occurred. Just because you were rear-ended does not mean that you are any less injured. Insurance companies are especially skeptical of whiplash claims because people frequently make them. However, someone else’s claim has nothing whatsoever to do with your injuries. 

 

You Need an Experienced Attorney for a Rear-End Crash Claim

 

Hiring an attorney is one way to keep an insurance company from paying you too little. Rear-end car crashes can still cause serious bodily injury. An attorney will help you compile your claim and value your own personal injury. If the compensation that you have been offered is too low, you can reject it and respond with your own demand. You do not just have to simply accept what the insurance company offers. 

 

In addition, having an experienced attorney working for you can keep the insurance company from trying to blame you in part for your own injuries. The insurance company may try to argue that you stopped in front of their driver who hit you. Even if their claims do not have a sound basis, they can still get in your way when you are trying to negotiate compensation. Your attorney would defend your actions before the crash because it would maximize your own payment. Even if the insurance company only partially blames you, it would still cost you money. Insurance companies treat you differently when there is a tough attorney holding them accountable. 

 

Call a New Orleans Car Accident Lawyer

 

There is no such thing as a car accident that is not serious. Even if you suffered slight injuries or damages, you have still been impacted by someone else’s actions. If you do nothing, you are leaving money on the table. It is always worthwhile to explore your legal options with an attorney. At Egenberg Trial Lawyers, we help those who have been injured in a car accident. Call our office today at (504) 229-5700 or contact us online to discuss your case in a free initial consultation. 

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