You’re heading down West Burnside or coming off an I-5 exit when you suddenly feel a jolt. Your car is pushed forward, and your body snaps back and forth. No airbags went off, but something definitely hit you. When you get out of your car to see what happened, it becomes clear.
You’ve been rear-ended. Now, the complications begin.
First, take photos of the damage and the surrounding road conditions, and exchange information with the other driver. If you’re not seriously hurt and you can drive away, you can go because the police most likely won’t respond unless a law has been broken.
The next day, if you start to feel pain in your neck and back and your car repairs cost more than you expected, you’ll want to involve an experienced Portland car accident attorney.
Common Causes of Rear-End Collisions
As the name implies, rear-end collisions happen when the front of one vehicle strikes the back of another. They most often occur at intersections, in congested traffic, and on highways where vehicles suddenly slow down. According to the Oregon Department of Transportation’s most recent data, rear-end collisions account for 29% of all accidents across the state.
Some of the most common causes of a rear-end collision include:
- Following too closely: The prevailing wisdom for safe driving is to leave one car length for every 10 mph of speed. Drivers who tailgate may not have sufficient time or distance to stop when traffic slows. Following too closely is also against Oregon law.
- Distracted driving: When a driver texts, adjusts navigation systems, eats, or looks away from the road, it can delay their reaction.
- Speeding: Higher speeds increase stopping distances. They can also intensify the impact of a collision.
- Sudden braking: Unexpected stops can trigger crashes, especially when the following driver isn’t paying attention.
- Poor weather conditions: Oregon gets its fair share of rain, fog, snow, and icy roads. Any of those conditions can reduce visibility and traction.
- Impaired or fatigued driving: If a driver is under the influence of alcohol, drugs, or exhaustion, it can interfere with their judgment and reaction time.
Rear-end collisions are notorious for triggering chain-reaction accidents that involve three or more vehicles. In those situations, proving liability is more challenging.
How Oregon Modified Comparative Negligence Affects You
Oregon follows a modified comparative negligence rule. This allows you to pursue damages even if you’re partially responsible for an accident. In some scenarios, you may be partially responsible for a rear-end collision.
For instance, you might have to brake suddenly, but the car behind you was following too closely. In that case, you could both be held responsible for the accident.
Under this rule, you can recover compensation only if your percentage of fault is 50% or less. However, your compensation is reduced according to your share of responsibility. For example, suppose you suffer $100,000 in damages after a rear-end collision. If an insurance adjuster determines that you were 20% responsible because your brake lights were broken, your potential recovery would be reduced to $80,000. Because of this rule, insurance companies will work hard to shift some of the blame for the rear-end accident onto you so they can pay less.
An experienced Oregon car accident attorney pushes back and helps ensure you receive the maximum benefits you’re entitled to.
Common Injuries Resulting From Rear-End Collisions
Even a seemingly minor rear-end accident can cause significant injuries. Sudden acceleration and deceleration can force your head and body to snap forward and backward, causing instant strain.
Common injuries include:
- Whiplash
- Neck injuries
- Concussions
- Traumatic brain injuries
- Herniated discs
- Back injuries
- Shoulder injuries
- Fractures
- Spinal cord damage
These injuries can lead to surgery, hospitalization, physical therapy, and missed work time. All of that generates medical bills and lost wages that you can be compensated for.
How an Attorney Fortifies Your Claim
In most rear-end collisions, the rear driver is responsible, but that doesn’t mean they won’t try to push back and deny fault. Insurance companies may also dispute the severity of your injuries or question whether you need medical treatment. They can also argue that your actions contributed to the accident.
An experienced Oregon car accident attorney can step in to protect your interests.
The attorneys at Dozier Law Group have extensive knowledge of Oregon traffic laws and the dynamics of rear-end collisions. If we agree that your claim has merit, we’ll conduct a thorough investigation into the circumstances surrounding the collision. If available, we can obtain traffic camera footage that can demonstrate who was clearly at fault.
We’ll also handle the insurance negotiations to secure a fair, fast resolution. Our goal is to take the pressure off you so you can recover while we handle the settlement.
If you’ve been in a rear-end collision, reach out for a free consultation. We can answer your questions and help you decide what should happen next.
You need to protect yourself. We can help.