Can You Sue Someone for Rear-Ending You?

Rear-end accidents are the most common type of car accident nowadays. These types of accidents can range from minor with no injuries to pretty severe, causing a lot of medical expenses. If you’ve been involved in a rear-end collision, understanding your legal options is critical to ensuring you’re taken care of.

If the rear-end accident you were in was particularly severe, you’re probably wondering if you can sue the other driver. While possible, it’s not as straightforward as you might think. A rear-end collision lawyer from our team can help you better understand your rights and legal options so you can choose how to proceed.

Statistics of Rear-End Collisions

According to traffic reports, rear-end collisions cause approximately 29% of serious injury accidents [1]. They are also the second largest cause of non-fatal accident injuries and within the top ten causes of fatal car accidents.

While some of these rear-end accidents may result in relatively minor injuries like soreness and bruising, others can lead to significant property damage or have life-threatening consequences for the victim. Some of the most common injuries we see in rear-end collisions are:

• Back and spinal cord injuries
• Whiplash and neck injuries
• Broken bones and fractures
• Traumatic brain injuries (TBI)
• Facial injuries from the airbag deploying

These injuries can temporarily make certain activities physically challenging. They can also lead to hefty medical bills, lost wages, and emotional damages. That’s why working with an experienced car accident attorney ensures you receive fair compensation for your damages.

Determining Fault in Rear-End Collisions

In most car accident cases, the rear-end driver is generally considered the at-fault party. This liability is based on the principle that drivers must maintain a safe distance between their vehicle and the one in front and stay alert to traffic conditions ahead of them.

However, this is not an absolute rule, and there can be exceptions where the front driver may be partially or fully at fault. Determining the fault in a rear-end accident is crucial if the victim wants to pursue legal action and recover damages. Some exceptions include:

• Driving with broken brake lights
• Suddenly reversing or backing up
• Stopping in the middle of the road because of a mechanical issue without putting on your hazard lights
• Abruptly stopping to make a turn but then not turning

Even though these situations are less common, they show the importance of a thorough investigation in a rear-end collision accident. Other factors that can affect who was at fault are the weather, driver behavior, road conditions, and vehicle maintenance.

Grounds for a Lawsuit

Just because you want to file a lawsuit against the other driver doesn’t automatically mean you have grounds to do so. Understanding the legal basis for a rear-end collision lawsuit will ensure it’s worth your time and that you’re successful.

Negligence and Liability

Negligence and liability in rear-end collisions are what make or break a lawsuit. If you want to sue someone for rear-ending you, you need to be able to prove that they are liable due to their negligence and that their negligence directly led to your injuries and damages. You can prove or demonstrate negligence by showing that the other driver:

• Caused the accident as a direct result of their breach of duty to maintain a safe following distance
• Had a duty of care to drive safely
• Breached their duty through inaction or action like spending, tailgating, or distracted driving
• Inflicted injuries on you because of the accident they caused

You can prove negligence in a personal injury case in several ways. Some things you can do include gathering police reports, witness statements, traffic camera footage, and testimony from experts who can corroborate the negligence. A personal injury attorney can help you navigate this process and help build a strong case.

Types of Damages You Can Recover

When you can successfully prove that the person who rear-ended you was negligent, you might be entitled to certain types of damages:

• Lost Wages: If you have serious injuries that prevent you from working or working in the same capacity as before, you can receive compensation for future wages.
• Medical Expenses: This cost covers any medical treatment you need because of the accident. It can include hospital stays, medications, physical therapy, surgeries, and any future medical care you might need.
• Loss of Enjoyment of Life: When your injuries prevent you from engaging in hobbies and activities you previously enjoyed, you can get compensation.
• Property Damage: This compensation will usually cover the cost of repairing or replacing your car and other personal property damaged in the rear-end collision.
• Emotional Distress: You can seek compensation for anxiety, depression, post-traumatic stress disorder (PTSD), or any other psychological impact that resulted from the accident.
• Pain and Suffering: This non-economic damage can cover the physical and emotional pain the rear-end collision has caused you.
• Loss of Consortium: In really bad rear-end accidents, spouses or partners can claim damages for loss of consortium, which is the loss of support and companionship.

What damages you can potentially obtain will vary depending on the specifics of your case. The details also affect how much your rear-end collision settlement might be.

Comparative Negligence

Even if the other driver is mainly at fault for the accident, there are situations where you might be found partially at fault for the other driver rear-ending you. This liability can impact your ability to sue the other driver and receive compensation. We call this comparative negligence. There are two types:

• Modified Comparative Negligence: Many states use modified comparative negligence, which allows you to recover damages only if you’re found to be less than 50% liable for the accident. Whatever percentage you’re found at fault is deducted from your compensation.
• Pure Comparative Negligence: States that follow this rule allow you to recover damages even if you’re found to be 99% at fault for the rear-end collision. However, your percentage at fault will reduce the amount you can recover in damages.

For example, if you’re awarded $100,000 in damages but are 10% at fault, your compensation will be $90,000. However, in states that utilize modified comparative negligence, if the victim is found to be 55% at fault, there’s a chance they won’t be able to recover compensation.

The Lawsuit Process for a Rear-End Accident

If you decide that you want to pursue a lawsuit against the person who rear-ended you, it’s a good idea to know what the process will likely look like. Every case is different, but knowing the basics can help you feel more prepared when handling your rear-end accident lawsuit.

Filing a Claim with the Insurance Company

In personal injury cases, you must first file a claim with the at-fault driver’s insurance company to seek compensation for the accident. Here’s what the process generally looks like:

• Informing the insurance company of the accident
• Providing details about the rear-end collision and your injuries
• Submitting any relevant documentation (police report, medical records, etc.)
• Cooperating with their insurance company throughout the claim investigation

Negotiating a Settlement

After the insurance company reviews your personal injury claim, they might offer you a settlement. A skilled attorney who understands car accidents might be helpful, especially at this stage. They can help by:

• Assessing the fairness and amount of the initial offer
• Gathering and presenting extra evidence that supports your claim
• Negotiating with the insurance provider to secure a settlement that covers your damages

Most cases settle out of court, as it’s often in both parties’ interests to avoid a costly trial.

Filing a Lawsuit

In most rear-end accidents, settlements can be reached outside of court. However, your attorney might advise you to file a lawsuit if negotiations stall or the offer seems unfair. This step includes:

• Filing a formal complaint with the right court
• Serving the at-fault driver with a copy of the complaint
• Participating in the discovery process where both sides exchange evidence and information
• Going through pretrial motions and hearings

Keep in mind that just because you file a lawsuit doesn’t automatically mean your case will go to trial. Some cases can be settled outside of the courtroom.

Trial and Verdict

If your case goes to trial, both sides will present their arguments, witnesses, and evidence. The judge or jury will give the final verdict. The trial process looks like this:

• Opening statements from both sides
• Presentation of witnesses and evidence
• Cross-examination of witnesses
• Closing arguments from both sides
• Jury deliberation if your case goes before a jury
• Verdict and judgement

When you receive a favorable verdict, the court will issue a judgment, which includes the damages determined during the trial. It’s important to know that the defendant (the at-fault driver) and claimant (plaintiff) can appeal the decision if unsatisfied with the outcome.

Why Consult a Personal Injury Lawyer

Rear-end collisions can be complex. Hiring a personal injury lawyer helps protect your interests and prove liability. Here’s how an attorney can assist.

Assessing Your Rear-End Collision Case

An experienced personal injury lawyer will evaluate your case so you can understand:

• The strength of your claim
• The potential weaknesses or challenges in your case
• The types and amounts of damages you might be able to receive
• The likelihood of your case being successful either in settlement negotiations or at trial

They’ll help gather evidence to support your legal claim and secure a fair settlement offer.

Negotiating with Insurance Companies

Insurance companies are out to settle for the lowest amount possible, so having legal representation is important. A lawyer can help with:

• Handling all communications with the other driver’s insurance company
• Identifying and countering any unfair or lowball settlement offers
• Presenting evidence that supports your claim
• Strategically negotiating until you reach a fair settlement based on your damages

Representing You in Court

If your case can’t be settled out of court, your personal injury attorney will have the skills to represent you in court by:

• Developing a solid trial strategy
• Presenting your case to showcase the scope of the accident to the judge or jury
• Cross-examining witnesses
• Challenging the defense’s arguments
• Following all legal procedures and deadlines

Statute of Limitations

After a rear-end collision, you might not want to pursue action right away. However, you need to act quickly to protect your rights.

The statute of limitations for car accidents is the deadline to file a lawsuit or claim, and it varies from state to state. For car accidents, the statute of limitations ranges from one to six years. Some exceptions can shorten or extend the statute of limitations:

• Cases with minors
• Cases involving government employees or vehicles
• Accidents that result in death

Secure Expert Legal Representation

If you’ve been injured and want to sue for a rear-end collision accident, you need a car accident lawyer in your corner. Rosenfeld Injury Lawyers has the experience to help you through the legal process and reach a substantial settlement reflecting your injuries.

Take the first step to pursuing legal action by contacting a Chicago car accident attorney at (888)-424-5757 or filling out our contact form to book a free consultation.

References: [1] NHTSA

All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.