Even if you are as careful, considerate, and law-abiding behind the wheel as any person could possibly be, there may not be much you can do to prevent a reckless or careless driver behind you from crashing into the back of your vehicle. To make matters worse, the process of taking legal action against someone who causes you serious injury through a wreck like this can be more complicated than you might expect, especially if the wreck happened while both of your vehicles were moving.
Fortunately, you have help available in a situation like this from a dedicated car accident attorney with over 30 years of experience helping people like you all over the local area. No matter how your rear-end car accident in Peoria happened or what losses you need to recover as a result, Phillips Law Group can make sure your compensation claim is as strong as possible and give you the best chances possible of getting paid what you deserve.
Who Is at Fault for a Rear-End Car Crash?
While it is true that the rearmost driver involved in a rear-end car wreck in Peoria is usually the person primarily to blame for the incident, courts will not just assume that to be the case in every single situation.
In order to recover compensation through either a private settlement or a civil court verdict, a person injured in this type of crash will need to prove the person they are pursuing their claim against was “negligent” in some way — in other words, that a specific reckless, careless, or illegal act by that person was the main and direct cause of the collision.
Additionally, it may be necessary to proactively contest allegations made by that named “defendant” that the injured “plaintiff” suing them was actually the one at fault for the wreck — for instance, because they suddenly slammed on their brakes without warning, or because they had broken or missing brake lights. This is important because of the comparative negligence system that Arizona courts adhere to, under which an injured person assigned a percentage of fault for causing their own injuries may have their damage award proportionally reduced as a result.
Getting Paid Fairly for Short-Term and Long-Term Losses
Assuming no issues with comparative fault, it is possible to recover the full value of all losses stemming from a rear-end car accident in Peoria, since there are also no “caps” imposed by state law on recoverable damages through personal injury claims. Both economic and non-economic forms of harm can be factored into a claim of this nature, including but not restricted to:
- Emergency medical expenses and expected costs of future medical care
- Physical discomfort and pain
- Car repair/replacement costs and other personal property damage not already covered by insurance
- Emotional and psychological suffering
- Lost work income, benefits, and/or long-term earning ability
- Lost overall quality of life and other effects of permanent disfigurement or disability
Technically, courts also have the authority to impose additional punitive damages against a person who causes a wreck, but this is a fairly rare outcome reserved only for defendants who engaged in extremely egregious negligence or intentionally malicious conduct.
Talk to a Peoria Attorney About a Possible Rear-End Car Accident Claim
Getting rear-ended is always a jarring experience, and if it leads to you sustaining serious injuries, it can potentially be a life-changing one as well. However, you still have rights in a situation like this, and you also have help available from capable legal professionals to enforce those rights and demand comprehensive compensation for the harm your wreck has caused you.
A qualified car accident lawyer from Phillips Law Group can answer any questions you have about lawsuits based on rear-end car accidents in Peoria during a private consultation. Schedule yours by calling today.
Initial consultations are free, and you will not owe us anything unless we can collect compensation on your behalf. Additionally, you are under no obligation to work with us after this visit.
Let our team give you the guidance you need. Please don’t hesitate to call us today to learn more!
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