Philadelphia Rear-End Accident Lawyer

Car accidents something nobody wants to deal with. While rear-end collisions are one of the more common types of accidents, they often lead to serious injuries for victims. If you or someone you know has been injured in a rear-end collision caused by another person, contact the Ciccarelli Law Offices today. Our Philadelphia rear-end accident lawyers will get to work on your case today.

Why Choose Ciccarelli Law Offices?

When you are suffering from a read-end collision injury, contact an attorney you can trust both personally and professionally. The Ciccarelli Law Offices are here to help.

• We have decades of combined legal experience in personal injury law to bring to your case. We know what it takes to secure maximum compensation.
• We never settle for less than what your case is worth, and we will not hesitate to take your case to trial if necessary.
• Philadelphia personal injury attorney, Lee Ciccarelli has years of litigation experience and is a skillful negotiator. He knows what it takes to beat insurance companies at their own game.

Pennsylvania Rear-End Collison Law

When we look at Pennsylvania car accident laws, we can determine that the driver who strikes someone from behind is usually going to be at-fault. Looking specifically at Pennsylvania’s Rules of the Road section 3310, the language reads:

• The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of the vehicles and the traffic upon and the condition of the highway.

Drivers should always leave enough distance between their vehicle and the vehicle in front of them. Drivers must take into account traffic and weather conditions in these cases.

Who Is Liable In A Philadelphia Rear-End Accident? 

It is commonly understood that the rear driver is likely going to be the at-fault party after a rear-end accident occurs in Philadelphia. However, even though this is generally true, it is not always the case. It is important not to ascribe fault right away, no matter which party you happen to be in the incident. Liability will depend on several factors surrounding the incident, and there will likely need to be an investigation in order to determine liability.

A rear driver could be at fault if they fail to uphold their duty of care to the driver in front of them. There are various ways that a rear driver could be at fault for an accident, including speeding, distracted driving, impaired driving, and various other traffic violations. However, a front driver could also be at fault for a rear-end accident. Just because someone is rear-ended by a driver behind them does not necessarily absolve them of fault. If a front driver was missing tail lights or brake lights, or if they were driving in a manner that was unpredictable or erratic, they could share fault or be totally at fault for the incident.

There are situations where other parties aside from a front and rear vehicle could be at fault. A third driver or other party altogether could contribute to the incident. If you have been involved in a rear-end accident, it is important to document the entire scene right after the incident occurs and to reach out to a skilled personal injury lawyer who can help conduct an investigation into the incident.

Is It Easy To Prove A Rear-End Accident? 

On the surface, proving liability for a rear-end accident is easier than other types of incidents because the mechanism of the incident becomes relatively clear upon examining the scene. Usually, it is clear that a rear driver has slammed into a front driver. However, simply looking at the scene of an accident is not enough to definitively prove the liability of one party or the other.

Determining liability after any type of accident, including a rear-end accident that occurs in Philadelphia, involves obtaining as much evidence as possible. Some of this evidence includes:

• Photographs of property damage, debris, skid marks, injuries, and more
• video surveillance from cameras on nearby buildings or dashcams
• statements from any eyewitnesses to the incident

However, the evidence gathered at the scene may not be enough. It is important to obtain the accident report, where law enforcement officials may have indicated what they think occurred. Additionally, depending on how the incident occurred or is thought to have occurred, it may be necessary to obtain vehicle black box data or mobile device data. Sometimes, an accident reconstruction expert may be necessary. These experts can use the evidence that has already been gathered along with complex computer 3D models and mathematics to put together a computerized rendering of what likely occurred.

Can Both Drivers Be At Fault?

Yes, two drivers could be at fault for a rear-end accident in Philadelphia. However, depending on the types of insurance the individuals involved have, determining fault may not be necessary. 

If the drivers in question have chosen to carry no-fault insurance, which is the default option in Pennsylvania, then the drivers will turn to their own insurance carriers to recover compensation for their losses. If the injuries are severe or reach certain statutory dollar thresholds in damages, one party may be able to file a claim directly against the other party to recover additional compensation.

Additionally, if a driver involved uses tort-based insurance, which is an option in Pennsylvania, then fault will have to be determined for the victims to receive compensation for their losses. In these cases, the parties involved will have to examine how Pennsylvania’s comparative negligence law will affect my ability.

A “modified comparative negligence” system is used in Pennsylvania. In personal injury law, comparative negligence is used to determine how much fault each party had for an incident, thus determining how much compensation a person will receive or won’t receive. Individuals can still receive compensation if they are partially at fault, but nobody can receive compensation if they are 51% or more responsible for an incident. If an individual is 50% or less responsible for causing their own injuries, they can recover compensation, but at a lowered amount. The lowered compensation amount will be equivalent to the percentage of responsibility the person had for causing the incident. 

For example, you have an individual sustains $100,000 worth of losses as a result of an incident, but a jury determines that they were 30% responsible for the incident, they would receive $70,000 instead of the full $100,000 to account for their 30% of fault.

Damages & Compensation In A Philadelphia Rea-End Accident

The amount of compensation a person could be entitled to after a Philadelphia rear-end collision will differ depending on various factors associated with the case, including the severity of the injuries, how long it takes a victim to recover, whether the victim misses work, and more. At the Ciccarelli Law Offices, we strive to ensure injured victims receive the following:

• Coverage of all crash-related medical bills
• Lost income and benefits if they cannot work
• Help with general household expenses
• Pain and suffering damages
• Loss of enjoyment of life damages
• Possible punitive damages against a negligent driver

Common Injuries After Philadelphia Rear-End Accidents

One of the most common injuries a person sustains in a rear-end collision is “whiplash.” This is an injury that occurs when the head is whipped back and forth rapidly due to the impact of the collision. This causes injuries to the neck, shoulders, and upper back. This is considered a soft-tissue injury and can lead to long recovery times for victims.

Other common injuries in these collisions can include:

• Concussions
• Traumatic brain injuries
• Airbag injuries to the face
• Spinal cord trauma

Contact a Philadelphia Rear-End Accident Lawyer

If you or someone you care about has been injured in a rear-end accident caused by another person’s careless or negligent actions, contact a Philadelphia car accident lawyer today. At the Ciccarelli Law Offices, our skilled and experienced team is ready to investigate what happened so we can secure the compensation you need. Let our Philadelphia rear-end accident lawyers help you get through this today. You can contact us for a free consultation or by calling our Philly office at 215.228.0100.