Common Injuries from Rear-End Accidents
Even rear-end collisions without violent impact can cause injuries to drivers and passengers in either vehicle. Injuries might include concussion, broken bones, hairline fractures, contusions, or injuries caused by airbag deployment.
Soft-tissue injuries are extremely common in these types of crashes and may include whiplash-type injuries and injuries to musculature in the back and shoulders that aren’t always immediately obvious.
If you’ve been involved in a crash, you should consider seeking immediate medical treatment. Even if you don’t require emergency care at the scene, a visit to an emergency room, urgent care center, or your family doctor will provide important documentation of your crash-related injuries. It’s always best to let a medical professional determine the extent of your injuries because many times pain isn’t immediate but the damage has still been done.
Liability for the accident and resulting damages is assigned to the driver who acted negligently in the operation of their vehicle. Negligence does not necessarily belong to only one driver or the other. In some crashes, the fault may be assigned to both.
Idaho is a fault state for auto insurance. That means the person at fault for a car accident, indemnified by their insurer, is responsible for paying damages to the other person injured or for damage to their vehicle.
When both drivers were negligent, comparative fault determines who is awarded damages and how much they receive. Idaho uses modified comparative fault standards. That means that the other driver must be at least 51% at fault for you to be able to collect damages from their insurer. If your percentage of fault is higher than the other driver’s percentage, or if you are found to be equally at fault, you cannot collect compensation.
If, for example, the other driver is found to be 75% at fault and you are assigned the other 25%, you can seek compensation from their insurer, proportionate to your share of negligence. If you are awarded $20,000 in damages, you would receive $15,000 in compensation which is 75% of the award.
How a Personal Injury Attorney Can Help
Accidents are scary and can even be life-altering. It’s not something to take lightly or leave up to the insurance companies to decide. A personal injury attorney will fight to represent your best interests and obtain the justice you deserve.
The Shep Law Group can help you conduct a comprehensive investigation, gather necessary evidence and documentation, establish fault and liability, handle the insurance company negotiations, and if needed, represent you in court. We use our experience and extensive knowledge of Idaho personal injury law to provide fierce and dedicated representation.