Rear-End Car Accident? Learn More About Liability in Oregon Car Crashes
If you've been in a rear-end collision, you need to know more about your rights.
September 01, 2012
Liability is a very important concept following a car accident. The person who "carries the liability" (or his or her insurer) has to pay for the property damage and injuries that result from the crash.To put it simply, the one who carries the liability made some mistake that caused the accident. Legally speaking, making such a mistake is called "negligence." To be found negligent, a party must have a duty (in this case, to drive safely), must have breached that duty (by speeding, being distracted, etc.), and the breach of this duty must have caused damages (injury to persons or destruction of property).
The victims in an accident are entitled to compensation from whoever carried the liability, whether it is one person, several people, or a company, government agency, or some other entity. In a lawsuit, compensation can be awarded for, among other things, medical bills, wages lost due to injury, and pain and suffering. But, in order to collect this compensation, the injured parties may have to prove fault.
In a rear-end collision, placing the blame for an accident may not be as challenging as it is in other types of accidents. Usually, the driver of the car in the rear carries the liability (though not always). Rear-end collisions are most often caused when the trailing driving is following too closely, is speeding, is distracted, or is impaired by drugs or alcohol.
However, just because attaching liability may be relatively straightforward, it does not mean rear-end collision claims are always easy cases. On the contrary, insurance companies often try to limit or deny compensation in these types of accidents, saying that vehicle damage is minor or that injuries are not particularly severe.
It is easy for insurers to downplay the severity of injuries sustained in rear-end collisions because the damage to the vehicle is usually not commensurate with the harm caused to the human body by that type of impact. Head and neck injuries, spinal cord injuries, and whiplash are all common in rear-end crashes. Yet, even though these injuries can be serious and life changing, they are not always immediately apparent without a thorough medical review.
If you've been in a rear-end accident, it is important to retain an experienced Portland Oregon auto accident attorney as soon as possible. To preserve your right to the full compensation you deserve, you will have to present a strong case backed by favorable evidence; as time goes by, physical evidence may deteriorate, witness memories may fade, and what's more, you will have to get by without the monetary damages you're entitled to. If you've been the victim of a rear-end collision, call an attorney today to get your case underway.
Article provided by Harris Law Firm
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