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Rear-end accidents, a prevalent occurrence on Indiana roads, can lead to significant physical, emotional, and financial repercussions. As a victim of a rear-end collision, your understanding of Indiana law is a powerful tool in securing the compensation you rightfully deserve for your injuries. Contact the Law Office of Kelley J. Johnson for a free consultation to discuss your legal rights and options.
Should I Get a Lawyer for a Rear-End Car Accident?
If you’ve been involved in a rear-end car accident in Indiana, hiring an experienced car accident lawyer can be essential to protecting your rights and securing fair compensation.
“Fender benders” may seem straightforward, but legal challenges can arise if:
- The accident resulted in serious injuries, such as traumatic head injuries or spinal cord injuries
- The accident fault is disputed
- The other driver’s insurance company denies or undervalues your claim
Indiana’s comparative fault system means your compensation may be reduced if you are found partially at fault for the rear-end car collision.
Dealing with insurance companies can be challenging. They often aim to settle claims quickly and for less than the claim is worth. Having experienced Indianapolis car accident lawyers on your side can level the playing field and help you negotiate a fair settlement or take your case to court if needed.
Who Is at Fault in a Rear-End Collision?
Under Indiana law, the driver in a car accident who rear-ended another vehicle is typically presumed to be at fault because all drivers are expected to maintain a safe following distance (the “one car” rule, which suggests you should keep one car’s distance between yourself and the other driver).
Exceptions where the lead driver might share or bear full responsibility for a motor vehicle accident include:
- Sudden Stops – If the lead driver makes an abrupt stop without justification
- Mechanical Failures – Brake lights not functioning properly
- Road Rage or Reckless Driving – If the lead driver intentionally caused the accident
Indiana’s comparative fault rules mean that fault can be distributed between the two parties involved in the accident — for example, one party may be 20 percent responsible, while the other may be 80 percent at fault. While comparative fault doesn’t reduce the amount of pain and suffering — or any other damages suffered in a rear-end car accident — it can reduce your settlement or award by the proportionate percentage. For example, if you were found to be 20 percent at fault, your settlement would be 20 percent less than the initial offer.
You may be disputing how much fault you have in a rear-end collision, especially if you were the one who was rear-ended in a car accident. That’s where the aid of experienced Indiana car accident lawyers comes in. By hiring a rear-end car accident lawyer to represent your rights, you can seek maximum compensation for your severe injuries.
Evidence to Prove Fault in a Rear-End Collision
Collecting and preserving evidence is essential to establish accident fault and build a strong case. Key evidence in Indiana motor vehicle accident cases includes:
- Police reports
- Photographs and videos of the accident scene
- Witness testimonies
- Dashcam footage
- Medical records
- Accident reconstruction
It is imperative to collect all evidence as quickly as possible, especially in the case of a rear-end collision. Evidence can be lost or even forgotten (especially in the case of witness testimonies) over time, so it’s critical to collect as much as you can and as fast as you can. If doing so is difficult, enlist the aid of an experienced auto accident attorney.
What Financial Compensation Can I Recover in a Rear-End Car Accident?
Indiana law allows victims of rear-end collisions to recover compensation for various damages, including:
- Medical Expenses – Any treatment, prescriptions, and rehabilitation needs arising from the rear-end collision
- Lost Wages – If you can no longer work due to being involved in a rear-end collision, the other party can be held responsible for compensating you for those losses
- Property Damage – Costs to repair or replace your vehicle
- Out-of-Pocket Expenses – Transportation costs, childcare, and other related expenses
- Pain and Suffering – Compensation for physical pain and emotional distress
- Loss of Enjoyment of Life – If injuries impact your ability to engage in leisure activities you previously enjoyed
- Loss of Consortium – Compensation for the impact on relationships with loved ones
Indiana does not cap damages in most personal injury cases, except in medical malpractice and claims against government entities. However, to recover compensation, you must file a claim within Indiana’s statute of limitations, generally two years from the date of the accident. An experienced car accident attorney from our law firm can help safeguard your rights.
What to Do If You Get Rear-Ended
Failure to take the proper steps immediately after a rear-end collision can negatively impact your ability to recover compensation. If you’ve been rear-ended, you need to:
- Ensure Safety – If you can move the car off the road and away from oncoming traffic, do so. Then, call the police. Obtaining a police report with all the accident’s details—including the officers’ objective observations — is a critical piece of evidence for your insurance claims.
- Seek Medical Attention – Even if you feel fine, get checked out. Some rear-end car accident injuries, like whiplash and other soft tissue injuries, may not manifest symptoms immediately.
- Take Lots of Pictures – You can never have too many photos or videos of your accident. Take pictures of everything, including any visible injuries, the road conditions, and the damages to your car.
- Exchange Information – Collect the other driver’s name, contact details, insurance information, and license plate number.
- Notify Your Insurance Company – Report the accident to your own insurance company as soon as you can. However, do not make extended statements about the accident without consulting with a knowledgeable personal injury attorney first.
- Consult a Personal Injury Lawyer – Before accepting any settlement offers, seek legal advice to understand the full value of your claim.
Contact Us to Learn More About How a Rear-End Car Accident Attorney Can Help You
The Law Office of Kelley J. Johnson has over 20 years of litigation experience. Contact us today to discuss your rights and options.
