Rear-end collisions can cause serious injuries and significant disruptions to your life. Whiplash, spinal injuries and broken bones commonly occur in these unpredictable accidents. Your daily life becomes disrupted by dealing with medical expenses and physical recovery. At Kashou Law, we understand that the aftermath of a rear-end accident can be overwhelming, with mounting medical bills, vehicle repairs, and time off work. Justin S. Kashou is dedicated to securing the maximum compensation for your injuries and losses. We prioritize clear communication and personalized attention. Trust us to handle the complexities of your rear-end accident claim, so you can focus on your recovery. Contact us today to discuss your San Diego car accident case and find out how we can help you achieve justice and fair compensation.
Where San Diego Rear-End Accidents Tend to Happen
San Diego rear-end accidents can occur almost anywhere. There are certain locations where we commonly see these accidents. The major interstates, I-5, I-8, I-15, and SR-163 frequently have accidents due to heavy traffic during peak hours. There also tend to be lots of construction zones and merging traffic which are key ingredients to the stop-and-go nature of rear-end accidents.
Aside from highways, we commonly see San Diego rear-end accidents in La Jolla, Mission Valley area, and Downtown San Diego. Despite slower speeds than major interstates, these commercial areas have lots of shopping malls, restaurants, and office buildings. This translates into heavy traffic, including pedestrian crossings. This creates a large number of stop-and-go situations which increases the propensity for a San Diego rear-end accident to occur.
More Commonly Seen Injuries in San Diego Rear-End Accidents
Due to the suddenness of rear-end collisions along with the direct impact, there are certain injuries that tend to occur more in San Diego rear-end accidents:
- Whiplash: A neck injury caused by a rapid back-and-forth movement of the head that can result in chronic pain and reduced range of motion if not properly treated.
- Concussions and Traumatic Brain Injuries (TBI): Head injuries resulting from the brain striking the inside of the skull due to the sudden impact.
- Spinal Cord Injuries: Damage to the spinal cord, which can result in partial or complete paralysis, potentially requiring long-term medical care, rehabilitation, and assistance from a San Diego spinal injury lawyer.
- Fractures and Broken Bones: The force of a rear-end collision can cause fractures in various parts of the body, including the arms, wrists, ribs, and legs. This will often require surgery to amend.
- Back Injuries: Back pain, muscle spasms, and reduced flexibility can lead to chronic pain and mobility issues, affecting daily activities and quality of life.
- Facial and Dental Injuries: Injuries to the face and teeth can result from impact with the steering wheel, dashboard, or airbag deployment.
- Chest Injuries: Injuries to the chest area, including rib fractures and internal organ damage, often caused by the impact with the steering wheel or seatbelt.
- Abdominal Injuries: Damage to internal organs in the abdominal area due to the force of the impact.
Insurance Issues in San Diego Rear-End Accidents
San Diego rear-end accidents can lead to a variety of insurance issues, complicating the process of receiving fair compensation for injuries and damages. While rear-end collisions are typically presumed to be the fault of the driver who rear-ended the other vehicle, disputes can arise. The at-fault driver’s insurance company may attempt to argue that the leading driver’s actions contributed to the accident, such as sudden braking without reason. Even if the insurer acknowledges fault, the driver’s insurance policy limits might dictate whether or not additional compensation may need to be sought after outside of insurance. Insurance companies may dispute or delay payments for medical bills, questioning the necessity or reasonableness of the treatment received. In the most extreme cases, an insurance company may act in bad faith by delaying, denying, or underpaying valid claims. Having proper legal representation can assist you in handling these insurance issues.
Required Distance in San Diego Rear-Accident Claims
Rear-end collisions are common traffic incidents and are governed by a combination of state laws and local regulations. California Vehicle Code § 21703 provides the following:
“§ 21703. The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicle and the traffic upon, and the condition of, the roadway.”
What this means is that a driver is required to maintain a safe distance from the vehicle in front. What constitutes a “reasonable and prudent” distance can vary depending on several factors, including the speed at which the vehicles are traveling, the density of traffic, and the condition of the road (e.g., wet, icy, or dry surfaces). Failing to maintain a safe following distance can result in being cited for a traffic violation. More importantly, if a rear-end collision occurs, the trailing driver is typically presumed to be at fault, given the assumption that they were following too closely. This presumption of fault can influence both traffic citations and civil liability in San Diego personal injury claims.
Comparative Fault in San Diego Rear-End Accident Claims
California follows a comparative fault rule when determining compensation for victims. Under California Civil Code § 1714:
“§ 1714. (a) Everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person, except so far as the latter has, willfully or by want of ordinary care, brought the injury upon himself or herself. The design, distribution, or marketing of firearms and ammunition is not exempt from the duty to use ordinary care and skill that is required by this section. The extent of liability in these cases is defined by the Title on Compensatory Relief. (b) It is the intent of the Legislature to abrogate the holdings in cases such as Vesely v. Sager (1971) 5 Cal.3d 153, Bernhard v. Harrah’s Club (1976) 16 Cal.3d 313, and Coulter v. Superior Court (1978) 21 Cal.3d 144 and to reinstate the prior judicial interpretation of this section as it relates to proximate cause for injuries incurred as a result of furnishing alcoholic beverages to an intoxicated person, namely that the furnishing of alcoholic beverages is not the proximate cause of injuries resulting from intoxication, but rather the consumption of alcoholic beverages is the proximate cause of injuries inflicted upon another by an intoxicated person. (c) Except as provided in subdivision (d), no social host who furnishes alcoholic beverages to any person may be held legally accountable for damages suffered by that person, or for injury to the person or property of, or death of, any third person, resulting from the consumption of those beverages.
(d) (1) Nothing in subdivision (c) shall preclude a claim against a parent, guardian, or another adult who knowingly furnishes alcoholic beverages at his or her residence to a person whom he or she knows, or should have known, to be under 21 years of age, in which case, notwithstanding subdivision (b), the furnishing of the alcoholic beverage may be found to be the proximate cause of resulting injuries or death. (2) A claim under this subdivision may be brought by, or on behalf of, the person under 21 years of age or by a person who was harmed by the person under 21 years of age.”
What this provides is a fair distribution of damages, reflecting the extent to which each party’s actions contributed to the incident. In a rear-end collision, it is generally assumed that the trailing driver is at fault for failing to maintain a safe distance. However, there are circumstances where the lead driver may also bear some responsibility. For example, if the lead driver made an abrupt stop without a valid reason or had malfunctioning brake lights, they could be found partially at fault. If the lead driver is found to be 20% at fault for an abrupt stop, and the trailing driver is 80% at fault for following too closely, the lead driver’s compensation for damages would be reduced by 20%. In a scenario where the total damages amount to $100,000, if the plaintiff (leading driver) is found to be 20% at fault, their compensation would be reduced by 20%, resulting in an award of $80,000.
Choose Kashou Law, APC To Handle Your San Diego Rear-End Accident
When it comes to a San Diego rear-end collision, choosing the right legal representation is important for securing the compensation you deserve. As a University of San Diego and California Western School of Law graduate, Justin S. Kashou has personal relationships with the legal community of San Diego which allows him to effectively advocate for clients.
At Kashou Law, APC, we prioritize our clients’ well-being and recovery. We offer clear, open communication so that you are kept informed throughout the legal process. Justin personally oversees each case, providing dedicated attention and support.
Insurance companies often aim to minimize payouts to protect their bottom line. As a former insurance defense lawyer, Justin S. Kashou knows the tactics used by insurers and will effectively negotiate on your behalf.
Contact Our San Diego Rear-Accident Lawyer Today
If you’ve been involved in a rear-end accident in San Diego, get the top legal representation to protect your rights At Kashou Law, APC, we are dedicated to providing personalized and comprehensive legal support for victims of rear-end collisions. Justin S. Kashou understands the complexities of rear-end accident claims. Our San Diego truck accident attorney will meticulously investigate each case, gathering essential evidence such as accident reports, witness statements, and expert testimonies to build a strong claim. Our goal is to alleviate your stress by handling all legal complexities, allowing you to focus on your recovery. With a proven track record of securing favorable settlements and verdicts, Kashou Law, APC is committed to achieving the best possible outcome for your case. Don’t navigate the aftermath of a rear-end accident alone. Contact Kashou Law today for a free consultation. Call us at (619) 963-2030.