Rear-End Accidents Can Cause Debilitating Injuries

People cannot seem to keep their eyes off their phone and attention spans seem to be getting shorter. That's a bad combination when those people are driving. Annually, there about 2 million rear-end accidents on U.S. roads. It is the most common type of car accident.

The National Highway Traffic Safety Administration conducted a two-year study that found that about half of all car accidents were rear-end collisions. There were about 1,700 related deaths recorded during the study.

If you were injured or a loved one died after a rear-end accident, turn to an experienced attorney at the Law Offices of James L. O'Rourke. With offices in Stratford and Shelton, we are here to help. Our firm can assist in situations where victims have sustained a neck or back injury, whiplash, a head injury, concussion or other serious injury.

Negligence Vs. Modified Comparative Negligence

Negligence

When someone is not doing what is considered reasonable, they are negligent. You and the person in the other car owe are expected to demonstrate reasonable precautions needed to prevent crashes.

Modified Comparative Negligence

Connecticut allows the injured driver to recover damages if they are 50 percent or less at fault. If evidence determines you (or the other driver) was partially to blame, collectible damages will be determined by the percentage of negligence.

Distracted Driving Laws

Connecticut forbids the use of any hand-held electronic device while driving. It is even stricter for 16 and 17-year-old drivers – they cannot use a cellphone (including hands-free devices) while driving. Distracted driving includes taking your eyes off the road; taking your hands off the wheel; and not paying attention to the road.

Presumptive Guilt

Liability in rear-end collisions is almost always obvious. The trailing driver was typically found to be speeding, tailgating or distracted. However, there are situations when the driver in the leading car might have been at fault.

They include:

  • Multiple vehicle accident and the third car hits the middle car and pushes it into the leading car.
  • Leading car accelerated in reverse.
  • Taillights were not working.
  • Stopped car.
  • Leading car has a mechanical malfunction and does not have hazard lights on.
  • Defect in the leading car (brakes, lights, etc.)

We Can Help You Navigate The Legal Process

There is a strictly enforced statute of limitations in Connecticut. You have two years from the date of the crash to file your case. If someone dies from an injury sustained in in the accident, you must file within two years of the date of the death. Email us or call our lawyers today at 203-864-4427.