In case you or your family were involved in a rear end accident, Dubo Law should be representative of your choice. We are an experienced and knowledgeable team of car accident lawyers with many years of experience. Neil Dubovsky, the founder, handled countless rear ended car accident cases and by being local Maryland lawyer, he is acquainted with laws and possible outcomes in this state.
Our team helped great number of people regain their loses, both economic and non-economic. We approach our clients with honesty and we work in their best interest. The consultations are free and we won’t seek any fee unless the client is satisfied with the compensation received. Contact us today at (443) 275-6345 or fill in the form below.
The typical rear end crash scenario would be when the vehicle in front suddenly decelerates, so the driver behind doesn’t have enough time to stop. Rear end accident may even further cause a massive pileup i.e., multi-vehicle crashes.
Common factors that contribute to this accident type are distracted driver, tailgating, panic stop, brake disfunction, weather conditions, etc. Only 7% of rear end accidents are fatal, but they make up 30% of all vehicle crashes in the USA, according to the National Highway Safety Administration (NHTSA).
The rear end crashes usually occur in heavier traffic when a negligent or attentionless driver hits the car in front. Negligence itself can create a strong case for personal injury claims which can compensate you for all losses, both economic and non-economic.
Common Rear End Accident Causes in Baltimore
Baltimore is a big city prone to rear end accidents because there are many vehicles on the road. The rear and collision can happen for multiple reasons just like any other accident. The following are noticed to be the most common causes and are called “fender-bender” accidents:
Tailgating is an act of diving too close behind another vehicle. The laws of Maryland require every driver to maintain a proper distance. By keeping a safe distance between you and the car in front, you’ll improve the reaction time to bypass the rear end collision. This is the most common cause, especially in crowded parts of the city or roads with every day heavy traffic. There is a very simple way to keep a safe distance and it is to follow the 3 second rule. This rule states that when the vehicle in front of you passes an object, such as sign, you can start counting to three.
This term was used since 1800s and it was an act of turning and stretching the neck to eavesdrop. Today we use it to describe the situation when the driver takes the eyes off the road to look at something else happening around him/her, like accident, or fight on the street. Rubbernecking may be very dangerous, and it is a form of distracted driving.
By suddenly stopping, the vehicle behind you must act quickly and stop to prevent the rear end crash. But, sometimes even if you abruptly stop the vehicle it doesn’t mean you are at fault. Maybe the driver behind you failed to pay attention to the traffic or wasn’t ready to stop. When sudden stop is the cause of an accident, the best thing to do is hire legal help because it usually ends with “she said he said” scenario.
These three are considered “fender-bender” accidents which are usually minor and don’t cause some major injuries and damages. But there are cases when a driver was speeding which can turn these accidents into causing serious injuries too.
Driving Under Influence
On in three accidents are caused by intoxicated drivers, whether they are alcohol or drug impaired. These drivers would usually cause a fatal outcome because besides being impaired, they were also speeding. Our advice is to never sit behind the wheel after a “few drinks.”
Texting, Talking and Driving
More and more drivers use their phones while driving. Whether they are making calls, texting, or even taking photos and videos, this inattention causes many rear end accidents. Because of this, the state of Maryland passed several laws which forbid this kind of distraction on the road.
In case it is proved that driver who caused rear end collision was using the phone while driving, the consequences to this can be huge. Besides causing someone or themselves serious injuries, they will experience penalties that can prevent them from operating their vehicle for a certain amount of time.
Other Causes Include:
- Weather conditions
- Risky roads
- Falling asleep behind the wheel
- Vehicle’s defect
Steps to Take After Rear End Accident in Baltimore
No matter the fact that rear end collisions may not be that dangerous, it is crucial to make certain steps immediately after to protect your rights. Two most important steps are:
Call 911 and Seek Medical Help
If you are capable, call 911 and they will send police officers and medical help. Sometimes drivers simply exchange information and it is not necessary to call officers. But, at times this can be very helpful for those seeking compensation. Police will write the report and properly assess the damage which will be evidenced in your case.
Rear end accidents don’t cause major injuries. But minor injuries can show days after the crash. Therefore, it is very important to immediately ask for medical advice and examination. If you want to build a compensation case against a negligent driver, you’ll need a full record of your injuries. The hospital bills may be huge, so take this step seriously if you don’t want to lose the privilege to be fully reimbursed.
Collecting evidence at the scene of an accident can be a deciding step for your compensation claim. No matter how sure you are about the other driver’s fault, you’ll still need some proof to build a compensation claim case.
Evidence includes police reports, photos and videos, witness and experts’ statements, and bills, invoices, or receipts. Security cameras are everywhere, so it wouldn’t be so hard to gather photos and videos of the event. Witnesses and medical or reconstruction experts can give statements about what they saw or concluded from the accident.
Make sure to save all bills and receipts because they can be very important when you ask for compensation. It can include medical costs, repair of the vehicle, or any financial damage proof.
Other Tips on What to Do and What Not to Do After Rear End Accidents.
- Check passengers and their possible injuries.
- Trade insurance and personal information with the other party.
- Keep it low and try not to fight with the other driver. Let the police officers handle the matter.
- Don’t sign any papers and statements. Those can contain promised payments to the other party for potential damages.
- Don’t talk about what happened with people around you. Wait for the officer or call the attorney. Everything you say can be held against you and your future compensation case.
Possible Rear End Accident Injuries
Although rear end accidents don’t often cause major injuries, minor can be dangerous too. Both drivers can suffer from injuries, but the one who was stopping may endure something more serious.
The most common symptom after the rear end accident is whiplash which causes neck pain and stiffness. Whiplash resulted in being violently and unexpectedly thrown forward by the force of the vehicle hitting you from behind. The symptoms may last for very long, so you may need some therapy.
Airbags are part of every vehicle, and they are designed to protect drivers from head and face injuries. But if the driver is speeding, the airbag may not deploy, so the risk of serious head trauma is possible.
This includes shoulders, hands, and wrist injuries too. Most drivers will grasp the steering wheel and the force of being hit causes these parts of the body to suffer serious conditions. This type of injury may not sound so serious because arm breakage can happen very often. But, for some people these body parts need to function because of job performance and thus losing wages.
Injuries From Seatbelt
Even though it is essential and required by law to wear seatbelts while driving and sitting next to the driver, in case of rear end accident it can have serious health consequences. It will prevent your face and head hitting the steering wheel, but it will slash your skin, cause bruises on your body, or add to whiplash.
This is probably the most serious and dangerous type of injury. By hurting the spine cord you may experience temporary or lifetime disability. The force from the harsh can seriously harm the joints, discs, and nerves.
Other Injuries When Rear-Ended Can Be:
- Injury of soft tissue
- Fatigue and dizziness
- Blurred vision
Damages in Rear Ended Accidents
After accident occurs, drivers who are victims may seek financial damages from the other driver or the insurance company. These are considered economic damages. On the other hand, rear end accidents may cause more than just financial loss. Some people will suffer from anxiety, depression, and trauma from the accident. These are called non-economic damages.
Economic damages include medical bills, lost wages, loss of capacity to earn, and damage of property. Medical bills would include everything from immediate treatment, surgery, therapy, hospital stay, medications, etc. These can be very expensive, and it is important to get an estimate from the doctor treating you.
Lost wages are basically lost earnings when a driver can’t go to work for a short or long time, and this is the primary concern for most victims. Lost wages would include wages and benefits, but also back interest.
Some injuries cause permanent disabilities and future earnings must be calculated for the victim to receive compensation. Hiring injury attorney would help since they have hired experts to calculate the estimate according to the job type, experience, education, and age.
When it comes to property damage it usually concerns the vehicle itself. But it can also be that something from the accident surroundings was damaged, such as traffic sign or someone else vehicle, etc.
This type of damage may be hard to calculate since it includes suffering which can’t be quantified.
- Pain and suffering involve any type of emotional and mental distress caused by trauma from the accident. The victims may have some lifelong disfigurements on their bodies, scars, burn scars, or severed limbs. All these can cause a person to feel embarrassed and unconfident in everyday life.
- Punitive damages are concerned with personal injury claims or wrongful death situations. Punitive damage compensation can be gained only in case it is proven that the other party hurt the victim on purpose.
Cap on Damages in Maryland
Caps on damages is the limit of the amount of money that a person can receive from pain and suffering. It includes medical malpractice or other tort cases. Here is the table of how much Maryland state’s limit is and will be:
|Cause of Action Arising
|Maximum Noneconomic Damages
|January 1, 2021, to December 31, 2021
|January 1, 2022, to December 31, 2022
|January 1, 2023, to December 31, 2023
|January 1, 2024, to December 31, 2024
|January 1, 2025, to December 31, 2025
Important Maryland Laws in Rear Ended Car Accidents
It is very important to investigate laws in case you decide to pursue a compensation claim for damages caused by rear end accidents. The best possible solution would be to hire Dubo Law legal representatives since these laws may seem confusing and we will handle all matters concerning them. This will also guarantee your reimbursement for the losses, and you can take some time off to recover by not worrying about the legal part of your case. In this post you can see how to ascertain the liability in rear end accidents.
A representative example of how contributory negligence works is: if you are involved in a rear end accident, and in the moment of crash you were texting or talking on the phone, you won’t be eligible to receive anything from the compensation. Maryland is a very harsh state when it comes to this law, and according to it 1% of being at fault is enough for the driver not to be able to recover the damages.
At-Fault or No-Fault State
Maryland is an at-fault state, and two parties of rear end accident can sue each other in case they want to seek compensation for damages. These are two options besides contributory negligence which can compensate losses. Personal Injury Protection and Personal Injury Claim are additional options but won’t cover all losses.
PIP is a part of your insurance policy. It can help recover some of the medical costs and lost wages without providing any evidence. Personal Injury Claim requires collecting proof of other parties’ negligence and it can take some time to receive some accident-related expenses.
Statute of Limitations
The time for appealing for compensation claim is set by the Statute of Limitations law. Maryland state has a limit of three years from the day of the accident to file a lawsuit and recover losses. If a driver fails to meet the deadline, he/she won’t be able to receive reimbursement for damages. Make sure to hire an attorney on time since time is limited and it can complicate gathering the evidence after some time has passed.
Exceptions to this law are wrongful death, minor, and mental incapability cases. For wrongful death claims time starts from the day of person’s death. Minors have a time limit set until their 21st birthday. And those who were considered mentally incapacitated at the time of an accident can wait until they are claimed mentally stable again.
How to Prevent Being Rear-Ended?
- Be mindful of the fact that sometimes the driver behind you can’t see everything in the front
- Gently slow down for red light and stop sign
- Check your lights frequently
- Keep your distance
- Use the signals
- Check the mirrors
Contact Dubo Law Rear End Accident Attorneys in Maryland
Dubo Law is a law firm committed to serving its clients and fighting for justice. You can count on our car accident attorneys to investigate the rear end accident and to gather all evidence necessary for building a claim case. Our team will handle legal and administrative matters, since rear end collisions may cause pile ups thus involving multiple drivers. Rear end accident lawyers will be there to establish who is at fault and provide you with the best possible compensation. Let’s discuss your case, call us for free consultation.
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