LOS ANGELES REAR-END COLLISION LAWYER

To decide whether another party committed at least one act of negligence, the car accident attorney you hire from Morgan and Morgan must first determine the cause of the rear-end auto crash.

Tailgating

Reckless driving represents the most common cause of car accidents in Los Angeles County, as well as in many areas in the United States. Speeding and running traffic signals represent the two most frequently committed types of reckless driving for most types of motor vehicle collisions. However, for rear-end car accidents, tailgating sits at the top of the list as the type of reckless driving committed most often by motorists in LA County.

The primary reason for tailgating is the stress and frustration felt by motorists that get stuck in traffic not only for a few minutes, but for as long as several hours. Just one fender bender on the 5 can back up traffic for hours, from downtown LA all the way to Burbank.

Driving While Intoxicated

The State of California has implemented a drunk driving awareness program that involves the participation of Hollywood celebrities. Nonetheless, driving under the influence of drugs and/or alcohol remains a dangerous threat to motorists, passengers, bicyclists, and pedestrians. Driving while impaired under any substance dramatically slows down reaction times, especially when it comes to applying the brakes to stop a vehicle at the end of a traffic jam. Drugs and alcohol also contribute to the poor decision-making of motorists. Drivers under the influence of drugs and/or alcohol tend to take unnecessary risks, such as trying to merge into traffic that has no opening for merging.

Distractions

When a driver gets stuck in traffic, the mind starts to wander to other things. This is an especially dangerous practice even when you find yourself deep inside one of LA’s notorious traffic jams. Common distractions include combing hair, eating a meal, and reaching for the radio dial to change channels. Technology also plays a role in contributing to distractions. Texting and driving has become ingrained enough in our lives that it is now part of the routine for motorists as they navigate the bustling roads and highways of LA County.

Rear-end auto crashes are an especially dangerous type of car accident because the motorist absorbing the impact rarely has time to react to the pending collision. The result of no reaction time can be the development of three serious types of injuries.

Brain Trauma

Despite advancements in automobile safety, drivers and passengers still must contend with the violent back-and-forth motion produced by a rear-end collision. The result can be your head banging into the dashboard or one of the doors. Brain trauma ranges in severity from a minor headache that eventually dissipates to severe internal bleeding that requires immediate emergency care in the form of surgery.

The negative long-term consequences of brain trauma include losing a job because you no longer possess the cognitive ability to process information.

Whiplash

The same violent back-and-forth motion produced by a rear-end collision that leads to the development of a traumatic brain injury (TBI) also can contribute to the development of whiplash symptoms. Whiplash, which describes the violent back-and-forth motion of the head, can generate neck and shoulder injuries such as torn muscles and tendons. As with concussion symptoms, whiplash symptoms can take a few hours to develop, which means you should seek immediate medical care after a rear-end collision.

Spinal Cord Damage

The spinal cord acts as the superhighway where nerves transmit signals throughout the body. A strong impact like a rear-end auto crash can disrupt the nerves that run through the spinal cord. The result of structural damage can include a loss of motion in one or more limbs and/or severe pain that shoots through the back and neck. Other types of spinal cord damage include sustaining a herniated disc and/or a fracture in one of the vertebrae. Recovering from spinal cord damage can require a lifetime’s worth of rehabilitation.

A rear-end collision lawyer in Los Angeles from Morgan and Morgan provides several types of legal support.

Collect and Organize Physical Evidence

After a rear-end collision, the first action to take involves calling 911 to activate the local emergency response team. A team of law enforcement officers responds to the accident scene to secure it, as well as conduct a detailed investigation that concludes with the filing of the official police report. Your attorney starts an investigation into your case by reviewing the official police report, before conducting a separate investigation to gather more physical evidence and interview witnesses 

At Morgan and Morgan, we assign an experienced and properly credentialed investigator to provide support for the attorney investigating your case.

Calculate a Fair Value for Compensation

The most common reason for insurance adjusters to deny claims concerns the submission of an unrealistic value for compensation. Your rear-end collision lawyer in Los Angeles first adds up tangible expenses, such as the costs associated with medical bills and property damage. Then, your lawyer calculates a value for non-economic damages, which is the costs associated with developing mental and emotional issues. Many car accident victims develop the symptoms of Post-Traumatic Stress Disorder (PTSD), which can include depression and acute anxiety. To calculate a fair value for non-economic damages, your attorney uses a formula that factors in the value of economic damages.

File a Persuasive Insurance Claim

Far too many insurance companies take advantage of policyholders that do not retain legal representation when filing a claim. If you file an insurance claim without the legal support of an experienced rear-end collision lawyer in Los Angeles, the insurance adjuster might deny a valid claim or approve a claim for a value worth well below what you deserve in compensation. A personal injury attorney from Morgan and Morgan ensures you submit convincing physical evidence, as well as complete every section of the claim form with accurate information.

Just one minor mistake on the claim form can lead to the denial of your request for compensation.

Negotiate a Settlement

Whether it is the insurance adjuster processing your claim or the attorney representing the other party, you might reach a point during the compensation process when both parties agree to negotiate a settlement. Most personal injury lawsuits never see the light of a courtroom. Instead, both parties try to avoid the costly and time-consuming litigation process by attempting to reach an agreement for compensation.

Negotiations start when your rear-end collision lawyer in Los Angeles submits an initial offer, which the other party accepts or rejects. If the other party rejects the initial offer, you might receive a counteroffer or a letter describing the next step in the process. Several counteroffers can follow the initial offer until both parties agree to a settlement or decide to end negotiations.

Take Legal Action Before the Deadline

Each state has established a deadline for filing a civil lawsuit that seeks monetary damages. California has set the deadline for filing a personal injury lawsuit at two years. The clock starts ticking on the statute of limitations for filing a personal injury lawsuit on the day of the rear-end collision. However, you might receive an extension if you developed delayed symptoms of an injury, such as the previously discussed injuries of whiplash and concussion.

Although you have two years to take legal action, you should act with a sense of urgency to help you recover financial losses. Unless your healthcare providers agree to place medical liens on your compensation, you have to pay for medical care as you receive it. Another reason why it is important to act with a sense of urgency is to receive the most accurate statements from witnesses.

If you need a rear-end collision lawyer in Los Angeles, contact Morgan and Morgan today for a free case evaluation.