Rear end collisions are a common occurrence in Gulfport and throughout Mississippi.

Although they are often portrayed as “fender benders,” causing minimal damage, the reality is a different matter in many cases. This type of crash can cause significant vehicle damage and serious injuries, with long-term consequences for victims. When they occur at highway speeds or in sudden traffic stops, rear end collisions can cause serious injuries, including spinal cord damage and traumatic brain injury.

How Do Most Rear End Collisions Happen?

Most rear end accidents are caused by the driver in the rear vehicle. Common causes of this type of crash include speeding, tailgating, distracted driving, fatigued driving, and inattention. Less frequently, however, a rear end collision may be the fault of a front driver who cut off the rear driver by merging or changing lanes too closely; stopped suddenly for no reason in the middle of the roadway; or failed to repair a broken taillight.

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Who Is Liable for Rear End Accidents?

It is a common misconception that the rear driver is always at fault for a rear end collision. While the tailing driver is typically presumed to be responsible (for following too closely or failing to brake in time) this is not always the case. Sudden, unpredictable maneuvers on the part of the front driver or defective brake lights could shift a share of the blame for the accident. If the lead driver suddenly stops or reverses with no clear reason, or the brake lights are malfunctioning, proving fault may require thorough investigation.

What Is the Impact of the Pure Comparative Negligence Rule?

Mississippi follows a pure comparative negligence rule, meaning your compensation can be reduced by your percentage of fault for an accident. For example, if your damages total $100,000 and you are deemed 20% to blame, your recovery will be reduced by 20% to $80,000. This makes it important to build a strong case demonstrating the other party’s negligence, while countering any claims that you were partially at fault for a rear end accident.

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What Are the Costs of a Rear End Collision?

Many people tend to think of rear end collisions as minor accidents that may cause minimal damage to bumpers and taillights. The reality is the true costs of a rear end accident can be extensive. When a vehicle is hit from the rear, even at a low speed, victims may suffer significant losses, including the following:

  • Medical expenses: Whiplash, a common injury in rear end collisions, may require ongoing medical treatment and extensive physical therapy.
  • Lost wages: Time spent recovering from injuries, attending medical appointments, or undergoing physical therapy means time away from work and lost income.
  • Pain and suffering: Injuries sustained in rear end accidents can lead to chronic pain and emotional trauma, which can limit your ability to work or participate in activities and impact your quality of life.

What Should You Do If You Have Been Rear Ended?

If your vehicle has been hit from behind by another driver, taking the following steps can impact the outcome of your claim:

  • Get medical attention: Even if you do not believe you were injured, it is important to be examined by a doctor after a rear end collision. Adrenaline and the shock of a crash can mask symptoms of serious injury.
  • Document the scene: Take photos of the accident scene, get contact information for eyewitnesses, and makes notes of what occurred while your memory is fresh.
  • Avoid an early settlement: When insurance companies push for a quick resolution, their initial offer rarely accounts for long-term costs.
  • Consult an experienced attorney: Our seasoned personal injury lawyers can help you navigate the legal complexities and maximize your compensation. Contact ‘Maggio Law after a rear end accident in Gulfport, MS.
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