Rear-end car accidents are common on St. Cloud roads and highways. Drivers sometimes don’t notice when traffic slows down or stops, leading to a crash.
While they may seem minor, rear-end accidents can cause serious injuries and property damage. St. Cloud car accident lawyers see many cases where someone hit another car from behind. When this happens, the driver who hit the other car is usually at fault.
However, this is only sometimes the case. Because a rear-end car accident can be complex and involves several laws and regulations, it is smart to work with an attorney who can protect your rights.
Here, you’ll be able to learn why hiring a St. Cloud car accident lawyer is wise.
Legal Responsibilities
In Minnesota, the law requires drivers to follow set speed limits and other rules of the road. If a driver hits another car from behind, they’re usually seen as responsible.
This is because all drivers are required to maintain a safe distance behind the car in front of them. This allows enough time to stop and prevent a crash.
However, if an accident occurs, it is necessary to show who was at fault. Unfortunately, this is not always straightforward. A St. Cloud car accident lawyer can help gather evidence and put the pieces together to show liability.
With a strong case, it may be possible to recover compensation for your injuries and losses.
How Fault Is Determined After a Rear-End Collision
Your attorney will work to show fault in a rear-end collision by considering the following.
Following Too Closely
Minnesota law is clear that drivers should maintain a safe following distance from the vehicle ahead. This is to ensure they have adequate time to react and stop to avoid collisions.
If a driver fails to maintain this distance and causes a rear-end accident, they are generally found at fault.
Shared Fault Under Comparative Negligence
Minnesota’s comparative negligence rule allows for the possibility that both parties involved in a rear-end accident may share some level of responsibility. Instances such as the lead vehicle stopping abruptly without cause or having malfunctioning brake lights can contribute to shared fault. Regardless, the trailing driver is often held more responsible for not keeping a safe following distance.
The Impact of Weather and Traffic Conditions
Weather and road conditions are also critical in assessing fault in rear-end collisions. Even if a driver is following at a safe distance, severe weather conditions can lead to accidents where fault may be assessed differently.
Benefits of Hiring an Attorney
Hiring an experienced injury attorney following a rear-end collision provides invaluable legal guidance. Navigating the complex legal system can be challenging, and an attorney’s help understanding laws and procedures ensures that your case is handled correctly.
They possess an understanding of Minnesota’s traffic laws, including those related to rear-end collisions, comparative negligence, and liability aspects. This knowledge is crucial in building a strong case.
Skilled Negotiation
Insurance companies want to minimize payouts to accident victims. They use several tactics to do this, such as offering low payouts hoping you will accept and telling you that it is all your case is worth. They may make statements or even threats that can make it seem like you will recieve nothing unless they take a first settlement offer.
Don’t fall for this. Your attorney understands these tactics and can use their negotiation skills to deal with insurance companies. With legal representation, you can feel confident you will receive a settlement offer that represents your actual losses.
Maximizing Compensation
Perhaps the most significant benefit of hiring an attorney is their ability to maximize the compensation you receive. Attorneys can identify and quantify all possible damages—including future medical care and pain and suffering—that might be overlooked by those unfamiliar with the legal aspects of personal injury claims.
Armed with a comprehensive assessment of your damages, an attorney is better positioned to fight for the highest possible compensation, ensuring that your financial and emotional burdens are adequately addressed.
Proving Damages in a Rear-End Collision Case
To prove damages in a rear-end accident case you must have evidence of all related financial losses. This includes:
- Medical bills for treatments received as a result of the accident
- Estimates or receipts for property damage to the vehicle
- Documentation of lost wages if the injury caused the victim to miss work
Each element requires thorough documentation to establish a clear connection between the accident and the financial impact it has had on the victim’s life.
Quantifying Pain and Suffering
Beyond financial losses, victims of rear-end collisions can also claim compensation for pain and suffering. This non-economic damage is more complex to quantify as it involves the physical pain and emotional distress experienced due to the accident.
Lawyers often use medical records, expert testimony, and personal accounts to illustrate the extent of pain and suffering, aiming to secure compensation that reflects the true impact of the injuries on the victim’s quality of life.
Understanding the Statute of Limitations
In Minnesota, you have two years from the date of a rear-end accident to file a claim. Failing to file within this window typically results in the loss of the right to seek compensation. It’s crucial for victims to be aware of this deadline to ensure they preserve their legal rights to pursue damages.
Seeking Justice and Compensation After a Rear-End Accident
Navigating the aftermath of a rear-end collision involves more than addressing immediate injuries or vehicle damage. Hiring St. Cloud car accident lawyers for help with a rear-end accident case will help you maximize the compensation you receive.
The road to recovery after a rear-end collision may be long and full of challenges, but with the right legal support, you can focus on their recovery while ensuring your rights are protected and justice is served.
