Rear End Car Accident Lawyer in Owings Mills
If you have been injured in a rear-end car accident in Owings Mills, Maryland, you could be entitled to recover compensation for medical costs, lost income, pain and suffering, and other losses related to the accident. To bring a successful claim, you need an experienced rear-end accident attorney who can help you hold the at-fault driver accountable.
The attorneys at Cohen & Dwin, P.A., have the knowledge and skills to help you pursue the compensation you deserve. Contact us today to discuss your case and evaluate your legal options in a no-risk initial consultation.
Common Causes of Rear-End Accidents in Owings Mills
Rear-end collisions have a variety of causes, and many of them have to do with driver negligence. Some of the most common causes of rear-end collisions in Owings Mills are:
- Distracted driving – Distracted driving may include talking on a cell phone, texting, talking to passengers, eating and drinking, or any other activity that causes drivers to take their eyes off the road, hands off the wheel, or focus off the task of driving.
- Following too closely – Also known as tailgating, following another vehicle too closely is one of the most common causes of rear-end accidents. Drivers who follow other vehicles too closely may not be able to brake in time if the car in front suddenly slows down or stops.
- Driving too fast for conditions – Inclement weather conditions can make it harder for drivers to see in front of them. When drivers fail to adjust their speed to accommodate low-visibility conditions, they may not be able to stop in time if a vehicle in front of them slows or comes to a stop. Rain, ice, and snow also increase the chance that a motorist will lose control of their vehicle.
- Mechanical defects – Sometimes, defective vehicle parts are responsible for rear-end collisions. For instance, if a vehicle’s brakes don’t work properly, causing the motorist to crash into the car in front of them, then the manufacturer of the part might be at least partly responsible for the crash.
Rear-End Collision Injuries
Rear-end crashes can result in serious injuries, depending on the speed at which the collision occurred and other factors. Some common injuries that occur in rear-end accidents include:
- Whiplash, a soft-tissue injury that occurs when the neck jerks violently back and forth during the collision
- Traumatic brain injuries
- Broken and fractured bones
- Back strains and sprains
- Slipped or herniated discs
- Pinched nerves in the spine
- Paralysis, if the spinal cord is severely damaged or severed
- Internal injuries
Who Is at Fault in a Rear-End Collision?
When a rear-end accident occurs, there is a general presumption that the driver in back was at fault for the accident. For instance, if the driver in front stops at an intersection and the driver in back failed to stop in time to avoid a collision, the driver in back would be considered liable. The same would be true of a driver who rear-ended another vehicle because they were following too closely.
In some cases, however, the lead driver who was rear-ended may be at-fault and liable for the accident, such as when they slam on their brakes for no reason, pull out onto the road directly in front of another vehicle, or change lanes and then immediately slam on their brakes. In addition, faulty brake lights might also play a role in some rear-end collisions.
In addition, both parties could potentially share fault in some instances. If both drivers share fault for the accident, neither of them may be able to recover compensation under Maryland’s contributory negligence law. In Maryland, a crash victim is barred from pursuing financial compensation if they’re even just 1 percent responsible for the accident. That makes it critical to work with a lawyer who can prove you bore no responsibility for the crash.
Legal Action After a Rear-End Collision in Owings Mills
If you sustained injuries after being rear-ended by a negligent driver, you could file a personal injury claim with the at-fault driver’s insurance policy. The claims process can be tricky, especially if the other driver tries to put some of the blame on you. The insurance company will also use various tactics to try and reduce or deny your claim, which can make negotiating a fair settlement quite challenging.
An experienced personal injury attorney will know how to handle the insurance adjusters and can negotiate a settlement on your behalf while you focus on your recovery. If you are unable to come to an agreement with the insurance company or if they negotiate in bad faith, then you could pursue compensation through a personal injury lawsuit in court.
When you take the insurance company to court, a jury will decide your case and determine what amount you should receive for your losses. While most personal injury cases settle out of court to avoid the time, risks, and costs associated with going to trial, a civil trial is an option.
In Maryland, you must bring a lawsuit related to a car accident within three years of the accident date. If you miss this deadline, you will likely forfeit your ability to seek compensation through the court system.
What to Do After Being Rear-Ended in Owings Mills
If you have been rear-ended by another motorist in Owings Mills, follow these steps after the accident:
- Seek immediate medical attention. Your health should be your top priority. See a doctor for a complete medical exam even if you don’t feel symptoms at first. It’s essential to be examined to ensure there are no hidden injuries.
- Collect evidence. If you can, take photos of the accident scene, your injuries, damage to the vehicles, debris in the road, etc. You should also get the contact info of any witnesses who may have seen the accident occur.
- Gather records. Put together a file of your medical bills, income statements, expenses, and other documentation that may be relevant to your claim.
- Keep notes about your pain and disabilities. Document your recovery period by recording frequent notes about your level of physical pain and how your injuries prevent you from participating in activities.
- Don’t post on social media. Don’t post images or talk about the accident on social media until your case is resolved. Insurance companies and defense attorneys could take a post out of context and use it against you.
- Consult with an attorney. Talk to an attorney as soon as possible after the accident. A seasoned rear-end accident attorney can build a strong case on your behalf to help you pursue the full compensation you deserve.
How Can Cohen & Dwin, P.A., in Owings Mills Help Me?
The attorneys at Cohen & Dwin, P.A., have the necessary resources and skills to investigate the accident that caused your injuries, identify the liable parties, document and calculate damages you are owed, and aggressively pursue compensation on your behalf.
Contact us today for a free consultation and legal advice about how you could obtain compensation.