Rear-End Car Accidents in Rancho Mirage
Many motorists dismiss rear-end collisions as low-impact fender benders with more property damage than injuries. They think about one driver tapping another’s bumper trying to parallel park or drifting into a driver stopped at a light after not applying the brakes hard enough.
However, damages often exceed bent fenders. Many fatalities are caused by rear-end collisions, with many more responsible for whiplash and back injuries. When you suffer injuries in a rear-end car accident in Rancho Mirage, our car collision attorneys can assess your situation and advise you about your options.
Establishing Fault After a Fender Bender
The injured person and their Rancho Mirage attorney must establish another is negligent before they can secure damages for the injuries sustained in a rear-end car accident. Negligence occurs when a person fails to act as carefully as a reasonable person would in a similar situation, causing an accident with damage. Motorists should follow traffic laws, be mindful of other drivers, travel behind others at a safe distance, and always exert control over their vehicles.
When a motorist slams into a lead driver, it is presumed that the rear motorist is at fault for not controlling the vehicle or maintaining a safe distance. The rule of thumb for a safe following space is one car length for every 10 miles per hour the vehicles are traveling or an elapsed time of four seconds between when the lead motorist and the rear driver pass the same marker.
Other Elements of Negligence
Even though evidence may indicate the rear driver is negligent, an attorney must prove the defendant’s behavior is the cause-in-fact and the proximate cause of the crash. The rear driver’s actions are the proximate cause of a collision when it is reasonably foreseeable that those actions would cause the injuries. The actions are the cause-in-fact when they pass the but-for test; the damage would not have occurred but for the defendant’s actions.
For example, if a sandwiched driver is hit from behind and pushes forward to rear-end another motorist, it is the driver who set off the chain reaction who passes both elements of causation, not the sandwiched driver, who is a cause-in-fact, but most likely not the proximate cause of the fender bender.
Insurance Claims vs. Injury Lawsuits
California’s vehicle insurance system is ‘at-fault,’ which means the motorist responsible for the accident must pay the other driver for personal and property losses.
We pride ourselves on our close relationships with injured drivers. Once we understand a situation, we can negotiate with insurers, mindful of a person’s needs as well as the facts. We refuse to settle for less than is fair, and if negotiations break down, we are comfortable in the courtroom, laying out your case for a jury. We intend to ensure you are awarded an adequate amount to compensate you for your losses after a rear-end car crash in Rancho Mirage.
Retain an Attorney After Rear-End Car Accidents in Rancho Mirage
All car crashes disrupt your life and force you to attend to your injuries and the resulting property damage. You should not have to pay for medical care and repair your vehicle when someone else carelessly rear-ends you. We can assist you by navigating the legal and insurance systems for you, both of which are fraught with confusing rules and procedures you should not face alone.
Rear-end car accidents in Rancho Mirage are serious and stressful. Whether you are seeking information before you decide how to proceed or are ready to hold the negligent motorist responsible for your injuries, contact us. We could answer your questions and plan a path forward.