Being in a car accident caused by someone or something else entitles you to compensation for the costs and damages associated with your injury. When you are rear-ended in an accident, the unique facts and circumstances of your accident and how the law and case precedent applies to them will determine if you are entitled to collect benefits and in what amount.
As we’ll explore, working with an attorney is the best way to ensure that the facts of your accident are accurately interpreted through the lens of the law and case precedent to lead to the best possible outcome. The experienced Charleston car accident lawyers from Tiano O’Dell PLLC are standing by to consult on your case, and read on to learn more.
Rear-End Collisions Can Cause Serious Trauma, Including Brain Injuries
To ensure that you and your family are not left covering bills and costs associated with your injuries, it is essential that you accurately and completely measure your damages. The damages that you are entitled to in a car accident caused by someone or something else include the short- and long-term costs and expenses linked to your injury, in terms of both professional and personal life. Damages are meant to put you in as close a position as possible as though the accident had not happened, and any changes to your personal or professional life could entitle you to compensation.
For example, a rear-end collision can cause whiplash or for you to strike your head somewhere in or on your vehicle, leading to a traumatic brain injury. A traumatic brain injury happens when you experience a bump, blow, or penetrating wound to your head, with motor vehicle collisions being one of the leading causes of brain injury. A brain injury changes your brain chemistry, and can impact your ability to work and enjoy your personal life.
Your Damages Include Any Shift in the Quality or Value of Your Life and Work
Injuries can have an impact on your ability to support yourself and your family, and if your rear-end collision has limited your ability to work you could have available damages to cover your associated costs. When an injury makes it so that you cannot return to work, or to a job that pays as well as before your injury, you are entitled to compensation to make up the difference. This means that any change in your ability to produce value through work should be provided to you in damages, covering from the time of your injury through your working life.
When your ability to enjoy life is impacted by an injury, you could be entitled mto compensation for the associated pain and suffering. A brain injury, for example, can lead to personality changes and a shift in a person’s level of irritability. This can have negative effects on personal relationships, and lead to a less fulfilling life, and these are damages you can recover compensation for.
Drunk and Distracted Drivers are Liable for Accidents They Cause
If your vehicle was stopped or coming to a complete stop in response to traffic signs or conditions on the road and you are rear-ended, chances are the other driver is at fault. When another driver is at fault in your accident, they are liable for the damages caused in the accident. To collect these damages, you need to prove that the driver was engaging in an activity that made them liable for the accident.
Distracted driving is one of the leading causes of motor vehicle collisions, as the driver’s attention is not on the road. Distracted driving is when the driver is impaired manually, visual, and/or mentally. For example, when a driver is texting while driving, their hands are on the phone not the wheel exhibiting manual impairment, their eyes are on the phone not the road demonstrating visual impairment, and their thoughts are on the text not their driving exhibiting mental impairment.
Impaired drivers are liable for the accidents then cause, whether due to distraction or intoxication. Literally all drunk driving accident are preventable, and all drunk drivers are liable for the accidents they cause. Drunk driving is operating a motor vehicle while under the influence of drugs or alcohol, and such drivers cannot drive safely, and will be liable for accidents they cause.
Determining whether the other driver that rear-ended you was distracted or drunk while driving requires the collection of evidence. Your local Charleston rear-end accident lawyer from Tiano O’Dell PLLC will put legal instruments like depositions and interrogatories to work in order to collect the evidence you need to prove your claim and collect on your damages.
Your Charleston Rear-End Accident Lawyer Calculates Your Damages and Collects Evidence
If you accept a settlement that does not cover the full costs and expenses associated with your injury, then you and your family will have to make up the difference out of your own pocket. This can negatively impact the financial stability of your household, and the purpose of collecting complete compensation is to guard against this risk. You can only collect on damages that you can prove with evidence.
Your Charleston car accident lawyer from Tiano O’Dell PLLC steps into your shoes, and collects the evidence you need to prove your damages. Once we have collected all the evidence we need on your behalf, we draft the claim and file it with the insurance company, negotiating the best possible outcome. If the insurance company will not be reasonable and provide a fair settlement offer, we will take them to court on your behalf to require them to.
Connect with a Charleston Car Accident Attorney to Help on Your Case
The sooner you have an attorney on your claim, the sooner you can rest-assured that you will collect the full amount of compensation that you are entitled to. Your attorney handles the process every step of the way, covering evidence collection, claim drafting and filing, negotiating and communication, and as necessary, arguing in court. Reach out to Tiano O’Dell PLLC to schedule a consultation or call (304) 915-0823 to explore options on your rear-end accident. Our attorneys handle personal injury litigation in Charleston and across West Virginia.