What to Know About Rear-End Collision Settlements
Have you recently experienced a frustrating fender bender that wasn’t your fault? You probably have many questions about what happens now, what to do next, and much more. Most importantly, you’re probably wondering how much your case is worth. The good news is that the attorneys at Reich & Binstock are here to provide rear-end collision settlement examples to help you understand the potential value of your claim.
Because these crashes are so common, a Houston personal injury attorney will likely have handled quite a few of these cases during the course of their career. According to the National Highway Traffic Safety Administration, these minor accidents actually account for 30% of all automobile accidents. Additionally, they only account for 7% of automobile accident deaths. That’s a large portion of total accidents but with a low fatality rate.
At Reich & Binstock, we’ve handled countless car accident cases over the years and have a good rear-end collision settlement track record. If you or a loved one suffered injuries, property damages, or even wrongful death from a rear-end collision, you need our experienced car accident attorneys at Reich & Binstock. For a free consultation about your case, please call 713-622-7271 today.
When Is a Rear End Collision Not Your Fault?
The good news is that, in a rear ended collision settlement, the accident is almost never your fault. Regardless of why you stopped your vehicle on the road, those who are hit from behind rarely receive blame for the collision.
One of the most basic and essential rules of driving states that you keep enough distance between you and another vehicle to stop without rear-ending them. Someone who follows too closely behind another vehicle increases the risk of a rear ended collision.
Additionally, looking at the vehicle damage after a collision, we easily see where to place the blame. However, a few specific circumstances exist in which people receive partial blame for being rear-ended.
For example, maybe one or both of your tail lights were out. Another example involves situations in which you had mechanical vehicle problems. If you fail to move your vehicle off the road, you hold partial responsibility for the accident.
In a 3-Car Accident, Who Pays?
Determining fault always precedes determining who pays for accident damages. Dispensing liability in a three-car crash involves examining how the accident happened, as well as who contributed to it.
The most important factors in determining fault for a three-car accident include:
- Whether or not any drivers involved were under the influence of drugs or alcohol
- If anyone engaged in distracted driving
- If someone failed to use their turn signals
- Whether the drivers followed at a safe distance behind the other vehicles
Because rear-end collisions can occur in many different ways, we recommend consulting with a Houston rear-end collision settlement attorney to determine the best course of action.
3-Car Rear-End Collision Settlements
Sometimes, rear-end accidents involve three or more vehicles. In these cases, it can be difficult to determine who is at fault, let alone how much your claim is worth. Each multi-car collision is unique, but certain factors can influence the value of your claim. Some of the most influential factors include the following.
- Fault and liability: Determining who is at fault in a multi-car accident is crucial, as it affects the direction and outcome of claims. In many jurisdictions, the driver who initiated the rear-end collision is often found liable. However, the situation can become complex with multiple vehicles involved, possibly distributing liability across more than one party.
- Injuries and medical expenses: The nature and extent of your injuries play a significant role in the settlement value. Documented evidence of your injuries, medical treatment, and rehabilitation costs are critical.
- Loss of income and earning capacity: If your injuries have impacted your ability to work, either temporarily or permanently, you may be entitled to compensation for lost wages and future earnings.
- Pain and suffering: This non-economic damage is harder to quantify but equally important. Compensation for pain and suffering accounts for the physical pain and emotional distress experienced as a result of the accident.
- Insurance coverage: The insurance policies of all parties involved affect the settlement outcome. Limited coverage can restrict the total compensation amount available, especially if the at-fault party’s insurance doesn’t fully cover the damages.
What Happens to Your Body in a Rear-End Collision?
Even though rear-ended collisions are often accidents with little to no damage to vehicles, they can take a toll on your body. The severity of injuries depends mainly on the speed of the vehicles involved. For example, let’s say Car 1 is stopped at a red light. Car 2 is distracted by their phone, and they collide with Car 1 at 30 miles per hour.
This 30-mile-per-hour force is transferred to Car 1 and to Car 1’s passengers. This sudden motion is catastrophic to the human body. In severe cases, people experience traumatic brain injuries and spinal injuries. Additionally, these collisions have the potential to damage your internal organs.
Unfortunately, even life-saving devices like airbags and seatbelts have the potential to cause injuries during a rear-end collision. At Reich & Binstock, we often see injuries like whiplash, herniated discs, muscle strain, headaches, migraines, and much more during a rear-end collision settlement. That’s why you need an experienced Houston car accident attorney to focus on legal matters while you focus on recovery.
Low-Speed Rear-End Collision Settlement
Generally, lower-speed car accidents tend to result in less damage to vehicles and less serious injuries. This is because less power is generated by the vehicles and less of that force is transferred to the passengers within the vehicles. However, this does not mean that drivers and passengers cannot be injured in a low-speed crash.
An experienced personal injury attorney can help you evaluate your claim, gather evidence of injuries and vehicle damage, and maximize your recovery from the accident. Even if your accident occurred at a low speed, you should see a doctor as soon as possible after the crash. Some injuries do not present symptoms right away, so it’s important to undergo a medical evaluation to check for any “invisible” injuries.
What Is Considered a Low-Impact Car Accident?
A low-impact car accident occurs when a vehicle crashes at a low enough speed to cause little or no property damage.
Minor Rear-End Collision Insurance Settlement Fair Offer
When dealing with the insurance company after an accident, you can expect to receive a lowball offer initially. While we cannot give a concrete number as to what would be a “fair” settlement offer without evaluating your claim, we can give you a few tips.
The most important thing to remember is that compensation after an accident is intended to make an injured party “whole” again. In other words, a fair settlement offer after a minor rear-end collision should cover all the damages you suffered as a result of the accident. If applicable, the settlement should cover your medical expenses, lost wages, property damage, and pain and suffering.
If you believe the insurance company has given you a lowball offer, the best thing to do is speak with a personal injury lawyer.
How Much Is a Rear-End Collision Settlement Worth?
No attorney can give you an exact settlement amount for your case. Rather, we operate on approximations. Generally, your rear-ended collision settlement will cover medical expenses, lost wages, and property damage at the least. We usually employ simple calculations to determine a range of settlement amounts for your case.
For example, let’s say that a rear-ended collision costs you $2,000 in medical expenses and property damage. Generally, personal injury attorneys multiply their accident costs by anywhere from 1.5 to 4. Therefore, your rear ended collision settlement range is from $3,000 to $8,000. Expenses like ongoing physical therapy or medications tend to increase your settlement amount.
What Is the Average Payout for a Rear-End Collision?
The average payout for a rear-end collision can vary widely, typically ranging from a few thousand dollars for minor injuries and damages to tens or even hundreds of thousands of dollars for more severe cases involving significant injuries, extensive medical treatment, and substantial loss of income.
The specific amount depends on factors such as the severity of injuries, the extent of vehicle damage, the jurisdiction, and the insurance policies involved. Minor collisions with negligible injuries often result in lower settlements, while accidents resulting in serious injuries, chronic conditions, or disabilities can command higher compensation, reflecting the greater impact on the victim’s health, employment, and quality of life.
It’s important to note that these figures can fluctuate, and consulting with our experienced personal injury attorneys can provide a more accurate estimate based on the specifics of an individual case.
I Got Rear-Ended. How Much Money Will I Get?
The amount of money you can expect to receive in a rear-end car accident claim varies significantly based on the details of the incident. Factors such as the severity of your injuries, the cost of medical treatments, any loss of income if you’re unable to work, the extent of vehicle damage, and non-economic damages like pain and suffering all play critical roles in determining the settlement amount.
Minor incidents with little to no personal injury might result in a few thousand dollars, primarily covering vehicle repairs and minor medical bills. In contrast, severe collisions leading to significant injuries and long-term consequences could result in settlements or awards in the tens or hundreds of thousands of dollars, or even more.
The specific amount also hinges on the insurance coverage limits of the parties involved and the negotiation skills of your legal representation.
Rear-End Accident Settlement Examples
Let’s consider the following example of a rear-end accident settlement. This example, as well as those that follow, are all hypothetical in nature.
A driver suffered multiple injuries, including whiplash, a concussion, and a lower back injury, after being rear-ended at a stoplight by a driver who was distracted by their phone. The victim incurred substantial medical bills for treatment and physical therapy, and was unable to work for several months, leading to lost wages.
After negotiations, the victim’s personal injury lawyer secured a settlement of $75,000. This amount covered medical expenses, rehabilitation costs, lost income, and compensation for pain and suffering. The settlement reflected the severity of the injuries, the clear liability of the distracted driver, and the financial and emotional impact on the victim’s life.
Car Accident Hit From Behind Settlement
In another example, a driver sustained a herniated disc after their car was hit from behind while waiting at a red light. The impact of the collision was significant, leading to chronic back pain and requiring surgery, alongside extensive physical therapy. The injured driver, who worked in construction, faced a long period off work and potential long-term limitations on their ability to perform physically demanding tasks.
After a detailed assessment of medical records, employment history, and the impact on the driver’s quality of life, the legal team negotiated a settlement of $150,000. This amount compensated for medical expenses, future medical care, lost earnings, diminished earning capacity, and non-economic damages such as pain and suffering.
Rear-end accident settlements hinge heavily on the losses that the victim suffered due to the other party’s negligence. The greater their losses, the larger the settlements tend to be.
Average Settlement for Rear-End Chiropractic Injuries
In another example case involving chiropractic injuries from a rear-end collision, a driver experienced severe neck and back pain immediately after the incident. The victim sought chiropractic treatment for several months to address spinal misalignments and soft tissue injuries, commonly known as whiplash.
Despite having no prior history of back or neck issues, the ongoing need for chiropractic care, coupled with the pain and limited mobility, significantly affected the victim’s daily activities and work life. After careful documentation of all chiropractic visits, treatment plans, and the impact on the victim’s personal and professional life, a settlement of $30,000 was reached.
This settlement aimed to cover all medical expenses related to chiropractic care, lost wages, and pain and suffering endured by the victim.
Rear-Ended by Company Vehicle Settlement
Now, let’s look at an example involving a commercial vehicle. An individual was rear-ended by a company vehicle whose driver was found to be at fault due to distracted driving. The victim suffered severe injuries, including a concussion and a lumbar spine injury, requiring extensive physical therapy and several months off work for recovery.
The case became more complex due to the involvement of the company’s commercial insurance policy, which typically has higher coverage limits. After thorough investigation and negotiation, highlighting the driver’s negligence and the impact of the injuries on the victim’s life, a settlement of $250,000 was reached.
This settlement compensated for medical expenses, rehabilitation costs, lost wages, and pain and suffering, taking into account corporate liability and the insurance policy’s ability to cover substantial claims.
Rear-Ended by Drunk Driver Settlement
Sometimes, car accidents occur due to drunk driving. Let’s explore what might happen if a drunk driver rear-ended someone.
An individual was rear-ended by a drunk driver, resulting in severe injuries, including multiple fractures, internal bleeding, and traumatic brain injury. The victim faced extensive medical treatment, including surgeries, rehabilitation, and ongoing therapy, as well as significant emotional trauma.
The reckless actions of the drunk driver heightened the severity of the incident, leading to a substantial settlement. After negotiations with the driver’s insurance company and considering the punitive damages associated with drunk driving, a settlement of $500,000 was reached.
This amount aimed to cover the victim’s medical expenses, lost income, and future care needs, and provide compensation for the immense pain and suffering endured as a result of the accident.
I Was Rear-Ended. How Much Should I Settle For?
Determining how much you should settle for after being rear-ended depends on several factors, including the severity of your injuries, the extent of vehicle damage, medical bills (both current and anticipated), lost wages, pain and suffering, and any long-term impacts on your quality of life.
There’s no one-size-fits-all answer, as settlements can range from a few thousand to several hundred thousand dollars, reflecting the unique circumstances of each case. To ensure you receive a fair settlement, it’s crucial to accurately calculate your total losses, including any future expenses or medical treatment related to the accident.
Working with a skilled personal injury lawyer can help you ensure that the settlement reflects the full extent of your damages and losses.
How Long Does It Take to Settle a Rear-End Accident?
Again, no attorney will provide an exact end date for your case once it begins. It depends on a number of factors, including the severity of the crash, the severity of your injuries, the circumstances of the crash, and much more.
Before the settlement even happens, you and your attorney will file an insurance claim. Due to their mild nature, most of these cases settle out of court. You may even go back and forth, sending counteroffer letter after letter. However, some still undergo the litigation process.
If your case ends up in court, it will take much longer than a rear ended collision settlement would. Lawsuits take at least a few weeks, and up to a few years to settle. It depends largely on the case’s complexity.
However, if you have a qualified personal injury attorney on your side, this is an invaluable advantage. They will ensure that each and every detail is collected and reviewed in full, as well as protect you during the litigation process.
Experienced Houston Attorneys for Rear Ended Collision Settlement
The best first step to take in any rear-ended collision settlement case is to hire a qualified attorney. If you or a loved one suffered injuries due to someone else’s negligence, Reich & Binstock of Houston can help. We offer all potential clients a free, no-obligation consultation about their case, personal attention, and long-term legal relationships.
No matter how large or small your case, we’ll provide you with the right attorney to meet your needs. To schedule your free consultation, please call 713-622-7271 today, or visit our website.
