Rear-end Collisions: Who’s at Fault?
How Is Negligence Determined?
In order to state that the other driver is at fault for the car collision so that you can collect damages for your injuries, you must demonstrate that the at-fault driver was negligent. The driver’s negligence must have been what caused the accident. In addition to that, you must demonstrate that the at-fault driver breached the obligation that he had to operate his vehicle with care in one of the following ways:
- The at-fault driver didn’t yield the right of way to you.
- The at-fault vehicle did not remain at a safe distance from you.
- The at-fault driver failed to apply his turn signal.
- The at-fault motorist lost control of his vehicle.
- The at-fault motorist did not stop when it was necessary.
- The at-fault driver was distracted.
After you demonstrate that the at-fault driver was negligent, you must show that your injuries and damages were the results of the collision. In most cases, the car that rear-ends you will be the one to receive the blame for the collision. There are times when the vehicle in front may stop suddenly, but the vehicle behind is required to be at a reasonable distance from the car in front so that accidents such as these can be avoided. A Provo car accident attorney will investigate the collision to examine all of the intricacies of the accident.
What Are the Common Damages?
If you were injured in a rear-end collision, you are entitled to hire a Provo accident attorney and recover damages. The following are the typical damages that you may be able to claim:
Property Damages: You would be entitled to have your vehicle repaired. If it is totaled, it will be replaced. Any other property may also be repaired or replaced.
Medical Expenses: The injuries that you and your passengers sustain may require extensive medical care. For example, you may have had to have surgery, other medical treatments and rehabilitative treatment. You may receive compensation for short-term as well as long-term injuries.
Pain and Suffering: You may also have experienced emotional suffering because of the collision. The amount you should receive isn’t always easy to determine, but you will have the opportunity to present evidence to the court that shows how the collision impacted you mentally and physically.
Lost Wages: If you must miss work because of your injuries, you may receive payment for your lost wages. If you can never return to work, you may receive the amount you would have earned over your lifetime.
How Can an Attorney Help?
You need a Provo personal injury attorney if you were injured in a rear-end collision. Utah is a no-fault state, so you would be required to file a claim with your own insurance company before you can seek compensation from the at-fault driver. According to the law, you are required to have $3,000 in PIP insurance coverage. If this is not enough to cover the expenses for your medical treatment, then you can hire a Provo rear-end collision attorney and file a lawsuit against the at-fault driver.
It is also possible for you to sue the at-fault driver before you reach the $3,000 threshold. Your Utah car accident attorney will be able to tell you if you qualify to do this. Then, your Utah rear-end collision attorney will enter into negotiations with the other side to obtain a fair settlement for you. If not, you may need to file a lawsuit.
If you have been injured in a rear-end collision, you must contact us at the law firm of Howard Lewis & Petersen today. We will begin investigating your collision right away, and we will do everything we can to obtain the monetary compensation that you deserve. Call us today.
