No matter where it happens or at what speed, getting rear-ended on the road can be unsettling at best and life-changing at worst. If you’ve recently been hurt in a wreck like this, you may have a million questions about what to do next and what you can do next.
The answer to the question, “Can I sue after a rear-end collision?” is that it depends. Our respected car crash lawyers can help you understand your right to sue after a wreck and build the strongest civil claim possible.
Proving Someone Else at Fault for the Wreck
The main thing that determines whether you can sue over a rear-end car crash is negligence—and, more specifically, whether you can prove someone else involved in the crash was negligent. Someone is negligent if they did something to violate the duty of care all drivers have to act responsibly behind the wheel, and that breach of duty was the main and direct cause of an otherwise preventable wreck.
Depending on the circumstances, this can be an overtly illegal act, like speeding or driving drunk, or simply a careless one, like driving while distracted. In legal terms, there’s no difference between the two types of negligence, and they both serve as equally strong grounds to build a personal injury claim around.
Proving You Weren’t at Fault for the Wreck
Even if someone else was mainly at fault for causing a rear-end collision, you might not be able to get paid for all your crash-related losses if you, too, were negligent in some way. Pennsylvania law allows courts to assign percentages of comparative fault to people who play a role in causing their own personal injuries and reduce the total amount of money available to them in proportion to their share of fault.
People who hold a majority of the fault for an accident aren’t allowed to recover any civil compensation for that accident. If you’ve been accused of swerving into another lane or slamming on your brakes suddenly in front of the driver who rear-ended you, that may be a much bigger obstacle to recovery than you might expect.
Getting Paid Fairly for Short-Term and Long-Term Losses
Our skilled car accident lawyers can help you prove someone else is at fault for rear-ending you and that you yourself weren’t to blame. We can make sure you’re paid fairly for every form of harm your accident will cause you to suffer, including things like:
- Physical pain from injuries
- Emotional and psychological trauma
- Loss of life’s pleasures
- Car repair costs and medical bills not already covered by insurance
- Lost work wages and working ability
If you have questions about whether you can sue after a rear-end collision, we can give you the answers and information you need during a confidential consultation. Call Ostroff Godshall Injury and Accident Lawyers today to start working on your claim.
