Rear-end collisions are among the more common types of car accidents that occur throughout California. These types of collisions can occur at traffic lights or even in traffic on a highway. Pleasanton rear-end collision lawyer Stephen M. Fuerch works diligently on behalf of people who have been hurt by negligent drivers. For more than three decades, Attorney Fuerch has represented injured individuals and their families as they litigate or mediate a legal claim for damages. Whether setting forth your case in front of a judge or jury or mediating a dispute, Mr. Fuerch will strive to recover maximum damages on your behalf.Establishing Fault After a Rear-End Collision
Following a car accident, it is important to assess fault. Individuals may be held legally responsible for injuries that they cause through their negligent conduct. Negligence is a theory of law that holds that people have a legal obligation to behave reasonably under the circumstances. In the context of operating a car, drivers are expected to avoid causing foreseeable harm to others. Examples of reasonable driving conduct include abiding by traffic rules, operating a vehicle according to traffic and weather conditions, and avoiding distractions behind the wheel. To successfully prove negligence, the plaintiff must establish the following elements: duty, breach, causation, and damages.
The legal duty owed to others on the road may be breached in a variety of ways. A rear-end collision can occur when a driver follows the vehicle in front too closely, and the front vehicle stops suddenly. Drivers are required to provide a safe following distance, and drivers who tail too closely increase the potential for a crash. If a driver was texting behind the wheel, or speeding, and this conduct contributed to the crash, a rear-end collision attorney in Pleasanton likely can show that they were negligent.
In some situations, the front driver may be partly responsible for a rear-end collision. If the front driver stopped suddenly without signaling, this can result in the following driver rear-ending their car. There are other situations in which a driver may be held to have contributed to a crash due to their negligent conduct. For example, if their vehicle required a repair, but they failed to pull to the side of the road, they may be found to have breached their duty of care.
California adheres to a pure comparative negligence doctrine, which may apply to personal injury claims following a rear-end collision. This doctrine may reduce a victim’s damages by their percentage of fault. However, unlike some states, California will not prohibit recovery if the victim was more than 50% at fault.
After successfully showing the defendant driver’s fault for the rear-end collision, a victim and their Pleasanton rear-end collision attorney may set forth the damages resulting from the crash. The goal of legal damages in an injury case is to compensate the victim as though the accident had not occurred. Damages include economic and non-economic harm resulting from the crash.
Economic damages are quantifiable costs, such as missed wages due to injuries and medical bills for hospital stays and medications. Accident victims are also entitled to recover future costs for expected medical care. Injuries in a rear-end collision can affect the spine and neck, and in some cases, a victim may require physical therapy. These costs would be set forth in a damages claim to fully compensate the injured individual. Non-economic damages are also significant, particularly after severe collisions in which the victim suffers scarring or debilitating injuries that affect their quality of life.Discuss Your Car Accident Claim with a Skilled Injury Attorney
Following a rear-end collision or another type of crash, seeking compensation from the at-fault party can help alleviate the financial burdens that accompany an accident. Dedicated injury attorney Stephen M. Fuerch fights for the rights of accident victims. Clients in Pleasanton, Dublin, Fremont, Walnut Creek, San Ramon, and other areas of Contra Costa and Alameda Counties receive efficient, personal attention. To schedule a free consultation with a rear-end collision lawyer in Pleasanton, call our offices at (925) 463-2575 or reach us online.