Rear-end collisions may not sound as dangerous as other car crashes. However, these types of accidents can lead to devastating, long-lasting injuries. Dealing with the disaster left behind by negligent drivers can be difficult and stressful. If you or a loved one was injured in a rear-end accident, Miami rear-end collision attorney Prosper Shaked may be able to help. Call Prosper Shaked Accident Injury Attorneys PA at (305) 694-2676 today for a free, confidential consultation on your case.
Common Injuries in Rear-End Accidents in Miami, FL
There are many serious injuries you could receive in a car accident. The most common of these injuries is whiplash. However, drivers could also suffer from back and broken bone injuries.
One of the most common injuries people can experience in car accidents is whiplash. Whiplash happens as the result of a sudden, forceful whipping motion of the head and neck. While the name may not sound serious or dangerous, a whiplash injury can take months or years to heal fully. Common symptoms associated with whiplash may include headaches, neck stiffness, dizziness, tingling sensations in the hands, and other signs.
Back injuries can also happen during a rear-end crash. Trauma to the back can lead to slipped and herniated discs, spinal cord injuries, and other back problems. Some back injuries can be less severe and take little time to heal. However, severe back injuries can lead to paralysis, paraplegia, tetraplegia, and other life-threatening health issues. In severe cases, a person may need continuing or life-long medical treatment.
Traumatic Brain Injuries (TBI)
Most people associate traumatic brain injuries (TBI) with a massive blow to the head. However, not all brain injuries are caused by physically hitting your head. Furthermore, a forceful jolt of the neck and head could cause the brain to strike against the skull walls, which could lead to a brain injury. Signs of TBI include vomiting, trouble thinking, mood swings, headaches, and other debilitating symptoms.
Broken Bone Injuries
Even at low speeds, a car accident can carry enough momentum to thrust you forward, leading to potential fractures in hands and feet. In more severe cases, you could suffer from cracked or fractured ribs. This type of injury often requires immediate medical attention and could take weeks or months to heal fully.
Who is at Fault in a Miami Rear-End Crash?
Most rear-end collisions happen when the rear driver doesn’t keep a safe distance between his vehicle and the front car. However, the rear vehicle may not always be at fault for a rear-end accident. Therefore, determining liability in a rear-end collision will depend on the circumstances surrounding your Miami crash.
For instance, if driver A is waiting at a red light when driver B suddenly rear-ends driver A, driver B would be liable. Following the same example, if driver A suddenly stops to make a turn without using their blinkers, and driver B hits driver A, driver A might be liable for the sudden stop. This shows determining liability requires careful consideration of all the elements involved in a car accident, and that the rear driver is not always the one at fault.
Make sure you obtain as much information as you can from the accident, such as photographs, names, addresses, insurance information, and other related data. Preserving this documentation could help you in future proceedings.
Filing a Lawsuit for a Rear-End Accident in Florida
Most car accident claims are based on negligence. In a negligence case, you, as the victim, have the burden of showing the defendant caused your injuries. You will need to demonstrate the following elements in court for your Miami rear-end collision injury claim:
- The defendant owed you a duty of care.
- The defendant breached their duty of care.
- The breach of duty caused your injuries.
- You suffered damages.
If you can prove the defendant was at fault for the accident, you may be able to receive monetary damages for your medical and hospital bills, property damage, lost wages, pain, and suffering.
While you may be entitled to file a lawsuit following many car accidents, you must do so promptly. The law requires you to submit your personal injury claim with the court within four years. This rule is known as the statutes of limitations. Typically, the clock starts to run the moment the cause of action is born. While four years may seem like a lot of time, in reality, it is not. Preparing for trial requires gathering documents and performing in-depth investigations that could take time. A skilled rear-end collision lawyer can help you throughout the entire process.
Miami Car Accident Attorney Handling Rear-End Collision Claims in Florida
Dealing with a severe injury can be devastating and challenging for the victims and their families. The emotional, physical, and psychological effects of a car crash can put you under a lot of stress. However, you don’t have to suffer the aftermath alone. Miami rear-end collision lawyer Prosper Shaked can help you hold the at-fault parties accountable for your injuries and losses. To learn more about your potential lawsuit in a free, confidential consultation, call Prosper Shaked Accident Injury Attorneys PA today at (305) 694-2676.