Despite the frequency of rear-end car accidents, those in the vehicle struck from behind are seldom prepared for the impact, leaving them particularly susceptible to injury. In most rear-end collisions, the driver of the rear vehicle is deemed the one at fault, whether due to a careless mistake or reckless driving. In other instances, though, a mechanical failure such as faulty brakes could be to blame.
In either situation, an injured driver or passenger from the front vehicle could be entitled to personal injury compensation that a dedicated car accident attorney could help them pursue. If you or a loved one were rear-ended and suffer injuries, a Tulsa rear-end collision lawyer could review your case, identify all possible defendants, and determine whether you have an appropriate claim for monetary damages.
After the initial shock of being struck has worn off, rear-end collision victims may notice obvious injuries and immediate pain. However, certain injuries might not be readily apparent and could take hours, days, or even weeks to present.
The following are common injuries that could give rise to a rear-end car crash lawsuit in Tulsa:
Oklahoma Statutes §12-95(A)(3) provides a two-year statute of limitations on both personal injury and property damage lawsuits. In practice, this means that anyone seeking compensation for bodily injuries or property damage caused by a rear-end collision must initiate a lawsuit within two years. Otherwise, the court would almost certainly dismiss the case for having been filed too late.
Cases rejected on this basis will likely never be permitted to proceed. Therefore, consulting with a Tulsa rear-end collision attorney as soon as possible after a crash is often a prudent course of action.
Although fault for rear-end collisions typically lies with the rear vehicle’s driver, there are instances where a driver in the front vehicle may be partially to blame. An injured plaintiff who bears some responsibility may still be able to recover compensation so long as it is 50 percent or less of the total fault for the incident. Their damages would simply be reduced according to the percentage of fault attributed.
Where an injured plaintiff is deemed to be 51 percent or more at fault, however, no recovery would be permitted. Oklahoma is one of more than 20 states that employ this rule, so consultation with a rear-end crash lawyer in Tulsa may be key to contesting any allegations of comparative fault and recovering full compensation.
Rear-end collisions frequently result in vehicular damage and bodily injuries, which in turn lead to body shop and mechanic invoices, hospital bills, pharmacy costs, lost earnings for time off work, and other injury-related expenses. Related mental health issues such as depression, anxiety, and post-traumatic stress disorder symptoms could pose additional problems.
If you or a loved one fall victim to a rear-end collision, an experienced Tulsa rear-end collision lawyer could work to identify potential defendants—including other motor vehicle drivers, car or car parts manufacturers, and even the government agency responsible for maintaining safe roadways—and develop an effective approach to pursue compensation on your behalf. Call today to learn more about the prospect of seeking recovery in your case.