Danville Rear-End Crash Lawyers
Aggressive driving and/or impaired driving causes most rear-end wrecks. Tailgating drivers have less time to react to stopped-short vehicles and other such emergencies. Drowsy, intoxicated, and other impaired motorists also have less time to react in these situations. These incidents usually aren’t “accidents.” People accidentally leave the lights on. They do not accidentally tailgate or drive impaired and cause crashes.
As a result, a tenacious Danville rear-end crash lawyer at Patel Law can usually obtain substantial compensation in these cases. This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. However, insurance company lawyers don’t simply give this compensation away. Instead, a well-prepared attorney must fight for it in court.
Fault vs. Liability
Briefly, the difference between fault and liability is a little like the difference between a halftime score and a final score.
Especially in rear-end wrecks, fault investigations are short and sweet and often misleading. An insurance adjuster or emergency responder typically only uses the evidence immediately available at the scene to determine fault for an accident. The initial evidence almost always points to the driver who rear-ended the other vehicle.
Later, a court uses evidence at the scene, evidence that becomes available later, and certain legal doctrines to determine liability. In terms of compensation for injuries, this determination is the only one that matters, just like the final score is the only one that matters.
Subsequent evidence in a car crash claim often includes information from a vehicle’s Event Data Recorder. Much like a commercial jet’s black box flight data recorder, an EDR measures and records items like:
- Vehicle speed,
- Engine RPM,
- Brake application, and
- Steering angle.
A skilled Danville rear-end collision lawyer puts these bits of evidence together like the pieces of a jigsaw puzzle. This evidence often alters the initial fault determination.
Legally, the sudden emergency doctrine sometimes comes into play. This rule excuses liability if the driver:
- Reasonably reacts to
- A sudden emergency.
So, if the sudden emergency principle applies, the rear-ended driver is legally responsible for damages in the case.
However, this rule usually doesn’t apply. Granted, most people reasonably react to such wrecks. They stay at the scene until emergency responders arrive and they assist injured victims if possible.
The second prong is more problematic for insurance company lawyers. A stalled or stopped-short vehicle is an everyday hazard as opposed to a “sudden emergency.” The duty of care requires motorists to anticipate such hazards and avoid them.
Resolving Your Claim for Damages
Most civil claims settle out of court. While a few claims settle almost immediately, most settle during mediation, which occurs toward the end of the litigation process.
Insurance company lawyers often play games during informal negotiations. Low-ball offers and take-it-or-leave-it offers are quite common. These negotiating positions usually don’t lead to compromise agreements.
During mediation, a third-party mediator, who is usually an unaffiliated Danville rear-end crash lawyer, ensures that each side negotiates in good faith. So, the parties cannot simply go through the motions. Additionally, they must be willing to make compromises, if that’s what it takes to reach an agreement.
Largely because of the duty to negotiate in good faith, mediation is about 90 percent successful in civil cases.
Contact a Hard-Hitting Vermilion County Lawyer
Injury victims are often entitled to substantial compensation. For a free consultation with an experienced rear-end collision attorney in Danville, contact Patel Law, P.C. Attorneys can connect victims with doctors, even if they have no insurance or money.