Rear-end collisions are some of the most common types of car accidents in Maine. Each year in Maine, there are more than 2,000 rear-end collisions that cause injuries. Some of those crashes involve very serious injuries. When a high-speed vehicle crashes into one that is stopped, the injuries can be life-threatening.
Many times at the scene of a collision, the investigating officers may not have an opportunity to get a statement from the people who were seriously injured in the crash. The driver at fault for the crash may claim that the accident was unavoidable, or that the person they crashed into didn't have on a turn signal or brake lights. For these reasons, hiring a personal injury attorney can help answer questions and prove fault. The trial attorneys at Berman & Simmons will know what evidence is needed to help find fault after a car accident.
Rear End Collisions: Proving Fault
Like every other type of car accident, there is not a “one shoe fits all” answer for determining who is at fault for the crash. The law in Maine generally assumes that the driver in the back is to blame. Usually this happens if the driver in the back was not speeding, not paying attention, or was distracted. Many serious rear-end collisions occur these days due to texting while driving or otherwise taking eyes off the road to use a smartphone or touch-screen control inside the car. With attention off the road, the approaching driver may not realize a car in the roadway ahead is stopped, creating a disastrous high-speed crash.
There are some circumstances involving rear-end collisions where the at-fault driver is actually the person who stopped in the roadway. For instance, the driver of the front car may be deemed to be at fault for the collision if they were doing something unsafe, like backing into the roadway, recklessly merging into traffic, trying to make a turn from a non-turning lane, or stopping along a blind turn for a non-emergency reason. Also, if the front vehicle’s brake lights were broken or it was parked against the law, the driver could also be held accountable if they are hit from behind.
What to Do If You've Been Seriously Injured in a Rear-End Collision?
Whenever you have to stop or pause on the roadway, there's the potential for a rear-end collision if the approaching vehicles do are not paying attention to what is ahead. This can happen when stopped at a stop sign, red light, crosswalk, construction zone, or while preparing to make a turn.
If you have been seriously injured in a rear-end crash, your health and safety come first. Your focus needs to be on recovering from your injuries. Our attorneys have experience handling cases where the injured parties were left unconscious or were emergently transported from the scene by ambulance. While you work to recover, we will make sure that the at-fault party is held accountable:
- Obtain the official police crash report
- Review 911 call transcripts
- Check for traffic camera footage
- Request photos and videos of the crash scene from first responders
- Search for and contact witnesses to the crash
- Determine how much insurance coverage is available for the at-fault driver
- Coordinate with your medical providers and health insurer (if any) to obtain copies of your medical records and bills
In many rear-end collisions, the at-fault driver may not carry enough insurance coverage to cover your serious injuries. In situations like this, we will assess whether you have underinsured motorist coverage through your own auto insurance policy.
Can Multiple Parties Be at Fault for a Rear-End Collision?
When more than two vehicles were involved in a crash, it's possible that the negligence of multiple drivers contributed to the accident. In multi-vehicle accidents like these, the attorneys at Berman & Simmons have experience holding all at-fault drivers responsible for what happened.
Maine is a jurisdiction with a fault-based system for auto accidents. Maine holds drivers accountable through a comparative negligence law to ensure the injured party has an opportunity to recover against all at-fault drivers who contributed to the crash. Even if the negligence of the driver of a third vehicle contributed in only a small way, our attorneys have had success pursuing cases against their insurance. In other words, each defendant is jointly and severally liable to the injured party for the full amount of damages. This means that each party that is found to be at fault will independently be liable for the full cost of damages that were incurred.
This is a vitally-important step for collisions involving serious injuries, as the state-required minimum of insurance coverage is almost always insufficient to cover crashes where someone sustained life-threatening or permanent injuries.
In a Multi-Car Accident, How Do You Prove Fault?
Chain-reaction incidents can be challenging cases since there are so many factors at play. The person driving the car that hits someone from behind is typically to blame in a rear-end collision. However, in a multiple-vehicle collision, any motorist could be to blame. In actuality, multiple drivers are frequently held responsible after a multi-car pile-up.
When someone has been seriously injured in a multi-car accident, our attorneys examine the specifics of the collision and the circumstances surrounding the crash in order to show who is at fault. There can be multiple scenarios that lead to a three or more rear-end collisions, like a speeding vehicle smashing into a row of cars waiting at a red light, following too closely or a car stopping short in the middle of the road to avoid an oncoming distracted driver who has crossed the center line.
Insurance companies will almost always try to pin all fault on a single driver while ignoring the contribution that their own insureds' negligence had to the crash. This is why it's so important to have a law firm on your side when you have been injured in a multi-vehicle crash. When determining the fault in these situations we look for the following:
- Who had the right of way?
- Were any drivers speeding?
- Were any drivers distracted?
- What was each vehicle doing at the time of the crash and in the moments leading up to it?
- What would have been visible on the roadway?
- What did witnesses report seeing?
Car Accident Statistics for Rear-End Collisions
Roughly 29% of all car accidents in the U.S. are rear-end collisions, according to the National Highway Traffic Safety Administration (NHTSA) and Insurance Information Institute. According to statistics from the Insurance Information Institute, rear-end crashes are to blame for more than 7% of all traffic-related fatalities and for close to 20% of those involving two-vehicle collisions.
In a finding from the most recent statistics published by Forbes, there were 5,250,837 accidents across the United States in the latest year. Of these accidents, over 1.5 million were rear-end collisions. Maine is generally on the higher end of the average U.S. statistics, with generally 30-40% of all accidents being rear-end collisions.
Highway Rear-End Crashes: Deadly Consequences
Rear end collisions on the highway can be deadly. Highway speeds of 65 mph or 70 mph create the potential for life-threatening injuries if a driver is not paying attention for stopped vehicles ahead.
There are many occasions when vehicles have to come to a stop on the highway. This may include traffic congestion, construction lane closures, or backed up traffic due to another collision that has blocked the roadway ahead. When going through driver’s education, many Americans were taught to leave a car length of space between cars for every ten miles. This is now recognized as being insufficient, as crash experts found it did not leave enough reaction time or visual space on the highway. Maine, as most other states, have rules about how closely cars can follow when driving on highways and roadways. Maine follows the “2-second rule” for spacing while driving. This means the driver must leave a minimum of two seconds of space between cars, which equates to roughly 3 feet. This should be doubled when road conditions are poor or speeds are increased.
When traveling highway speeds of 70 mph, a vehicle is moving over 100 feet per second. Depending on age and eyesight, highway driver reaction times typically range from 1.5 to 2.5 seconds. That means the vehicle will have traveled 150 to 250 feet before the driver has even reacted to hit the brakes.
If a distracted driver does not pay attention to brake lights ahead, this creates the potential for crashing into a stopped vehicle at an extremely high rate of speed. Such a degree of force can cause devastating injuries to the occupants of the vehicle. Not all vehicle airbags are designed to deploy when impacted from the rear of the vehicle, so these safety features may not protect you. Additionally, a high-speed impact from behind may smash your vehicle into the car ahead--which, in turn, can cause terrible injuries.
Time Limits for Pursuing Car Accident Cases
The time limit to pursue a legal claim following a vehicle collision varies depending on who the at-fault driver was.
If the at-fault driver was a municipal or state employee who was on-the-job while driving, state law allows only 365 days to pursue a case. This most commonly applies to situations when a public vehicle like a police cruiser, town ambulance, municipal vehicle, or public bus is at fault for the crash.
If the at-fault driver as a federal employee who was on-the-job at the time of the accident, there is only a 2 year time limit under the Federal Tort Claims Act. These types of crashes with federal drivers most commonly occur due to the fault of an on-the-job federal employee like a USPS postal carrier, National Park ranger, ICE/boarder patrol agent.
For crashes involving drivers who were not working for the local, state, or federal government, there is typically a 6 year statute of limitations. However, there may be earlier time constraints depending on the particulars of your situation. For example, if the at-fault driver was underinsured, there may be requirements that you report the crash to your own auto insurance company much sooner in order to use your underinsured motorist coverage benefits. These "UIM" claims are often necessary in crashes involving serious injuries, because the bare minimum insurance levels are often insufficient to protect yourself.
Hiring an Attorney After a Car Accident
The more serious your injuries are, the more important it is to hire an attorney after a collision. Your focus should be on your health and recovery, not on dealing with insurance companies. Many insurers will put pressure on someone who has been seriously injured to accept a hasty settlement-- doing so could jeopardize your ability to recover the full amount of coverage available, such as through umbrella or excess insurance policies.
If you have a loved one who has been incapacitated by their injuries, you are welcome to reach out on their behalf to get more information. Our attorneys can walk you through the process, and if necessary, guide you through the steps of getting temporary or permanent guardianship while your loved one is disabled by their injuries.
It is important to contact an attorney sooner rather than later because of the time constraints with insurance claims and lawsuits. The personal injury attorneys at Berman & Simmons will know all requirements under the law and will be able to make a plan for maximizing your recovery. Contact the trial attorneys at Berman & Simmons by calling us or completing the online form.
