Rear-end car accidents accounted for 16.5 percent of all two-vehicle collisions in Kentucky in one recent year, including 6 percent of fatal collisions, according to the Kentucky Transportation Cabinet.
Rear-end collisions are probably most often identified with whiplash injuries, the painful and potentially chronic neck injury caused by the sudden back-and-forth jerking motion of a vehicle that has been struck from behind. Rear-end accidents can also cause spinal cord injuries that lead to paralysis, traumatic brain injuries, broken bones, internal organ injuries, soft-tissue injuries, and other serious injuries.
If you have been severely injured in a rear-end accident caused by a negligent driver, the car accident lawyers in Lexington, KY, at Morgan, Collins, Yeast & Salyer are ready to deliver the legal help you need. You are likely facing medical bills, lost wages, and car repairs on top of your pain and suffering. We have the Kentucky Courage needed to aggressively seek maximum compensation for all your losses. Though every case is different, we are proud to say that our aggressive personal injury lawyers have successfully recovered more than $400 million for our deserving clients.
To learn more about your potential rear-end accident claim, contact Morgan, Collins, Yeast & Salyer today and set up a free consultation with an experienced personal injury attorney at our law firm.
What Is a Rear-End Collision, and What Compensation Could Be Available?
A rear-end collision occurs when a vehicle traveling behind another hits the lead vehicle in the rear. The driver of the car behind has failed to slow or stop in time to avoid the collision. Rear-end collisions are often caused by negligence, such as:
- Following too closely or tailgating
- Distracted driving
- Impaired driving due to alcohol or drug consumption
- Fatigued driving or drowsy driving
- Aggressive driving, including speeding, frequent lane changes, running stop lights and stop signs, and cutting off other motorists, for example
- Driving too fast for conditions
After a rear-end collision, an injured driver or passenger may seek financial compensation for their medical bills, lost income, pain, suffering, and other losses if they can show another driver’s negligence caused their injuries. The at-fault driver’s auto liability insurance typically pays a settlement or jury award. In Kentucky, car owners must maintain coverage with limits of:
- $25,000 for bodily injuries sustained by any one person in a single accident
- $50,000 for bodily injuries sustained by all persons in an accident
- $25,000 for all property damage in a single accident
Alternatively, a policy with a single limit of $60,000 is acceptable. Policies with even higher coverage maximums are available.
An insurance claim would be limited to the amount of available insurance coverage. A personal injury lawsuit can demand more compensation than is available through insurance, but the defendant would have to have assets that could be seized to enforce a judgment for an award beyond insurance maximums to be paid.
Mandatory personal injury protection (PIP) coverage on the injured person’s auto policy can provide up to $10,000 in no-fault benefits or more if the insured purchased additional optional coverage. In some situations, a person injured in a rear-end collision can turn to uninsured motorist coverage (UM) or underinsured motorist coverage (UIM) on their own car insurance policy if the at-fault driver had no insurance or too little coverage to cover all losses.
What Decides the Amount of Compensation After a Rear-End Collision?
Most car accident claims are settled by negotiating with the responsible insurance company. If an insurer does not offer an acceptable car accident settlement, our attorneys will be fully prepared to pursue a personal injury lawsuit, which asks the court to award damages. Insurance companies typically pay verdicts awarded in lawsuits.
Several factors contribute to the final settlement amounts that may be recovered in personal injury cases, including:
- Severity of injuries – How badly the plaintiff was hurt affects the compensation sought for losses such as:
- Medical bills
- Lost wages
- Reduced earning capacity
- Pain, suffering, and emotional distress
- Impaired quality of life
- Loss of consortium (impact of the plaintiff’s injury on spousal relations)
- Insurance coverage – In most cases, compensation recovered in a car accident claim is limited to the extent of liability coverage the at-fault party holds, as well as the injured person’s PIP and UM/UIM coverage.
- Shared fault – Kentucky follows the doctrine of pure comparative fault, which requires a jury to reduce an award if the plaintiff bears blame for the accident. For example, if a Kentucky jury decides the plaintiff was 10 percent responsible for the rear-end crash, a $50,000 jury award would be reduced to $45,000.
- Property damage – It is typically the cost to repair or replace the plaintiff’s vehicle, but it’s possible to seek compensation for any personal or real property damaged in the accident.
How to Increase Compensation for Rear-End Collisions
As your attorneys, Morgan, Collins, Yeast & Salyer will do everything possible to maximize the final settlement amount we recover for you in your rear-end car accident claim.
In some cases, there are additional third parties who may be liable for a rear-end accident, which potentially increases the amount of insurance money available to pay damages. For example, if the person who caused a rear-end accident was driving as part of their job at the time, the employer would be vicariously liable for their employee’s negligence. If an automotive defect contributed to the crash, the responsible manufacturer could be held liable through a product liability claim.
Even with limited insurance money available, it is best to demonstrate to insurers the full extent of what you are owed as a starting point for negotiations. We would present the insurance company and court with information about the total amount of damages you have suffered. In cases of disabling injuries, we frequently work with consultants to develop a lifecare plan for our clients to account for the long-term effects of a car accident. A lifecare plan is a comprehensive document that sets out a disabled individual’s current and projected lifetime needs for medical care and medically related goods and services and their costs.
As we calculate lost wages, we consider wages paid before the accident plus the value of benefits, anticipated bonuses, and other perks not realized because of our client’s absence from work. The calculation of future losses due to reduced earning capacity must also consider the accident victim’s age and the income they could have reasonably anticipated from raises and promotions in the years ahead.
Our Kentucky Car Accident Attorneys Can Help
If you have been injured in a rear-end collision that was someone else’s fault, you could be entitled to significant compensation in a car accident settlement. A personal injury lawyer from Morgan, Collins, Yeast & Salyer can help you pursue all the compensation you deserve.
Contact us online today or at (877) 809-5352 for your free consultation with a personal injury attorney who will fight for you.
