The task of determining of who should be held at fault for a given, rear end accident seldom poses much of a challenge. On the other hand, a plaintiff could encounter a number of hurdles, when trying to prove the existence of an accident-caused injury.
Holding liability after an accident
Rarely can the hit driver be held responsible for the damaged produced during a rear end collision. Any drivers in a lead vehicle that decided to brake, in order to put a check on the trailing driver, could be held responsible for the ensuing accident.
Any drivers that have made a sudden reversal in the middle of the roadway could join the small group of motorists that have managed to trigger a rear end hit to their own vehicle. A driver’s failure to use the hazard lights, when allowed to sit at the wheel of a vehicle with a mechanical problem, could contribute to the occurrence of a rear-end collision.
A motorist’s failure to fix a broken brake light, before sitting at a vehicle’s wheel, could help to trigger a rear-ending of the vehicle with the broken brake light.
Questions to be answered, following a determination of who was at fault
• What was the extent of damages?
• How should an injured victim get compensated?
Challenges to learning the extent of the damages
A victim might have sustained only soft injuries; in that case, the same victim needs to record the frequency and duration of each painful sensation. A victim might have suffered slow-to-develop injuries, such as those associated with a traumatic brain injury (TBI). In that case, the victim needs to make note of any headaches, blurred vision or trouble concentrating.
How any car accident victims can preserve their right to seek compensation
First, get seen by a physician, or someone in the medical field as soon as possible, following the accident’s occurrence. Schedule follow-up visits, in order to learn the exact nature of any observed medical problem.
File a personal injury lawsuit
Carry out whatever treatment a doctor, or other member of the medical profession has prescribed. Be sure to report any new symptoms. Personal injury lawyer in Fort Erie knows that you need to keep all papers, such as doctor’s bills, in order to ensure a documentation of all losses. You need to offer details on any injuries in the demand letter, which gets sent to the adjuster at the insurance company of the responsible driver.
Never be in a hurry to settle. Instead, indicate an unwavering refusal to take part in settlement procedures until each injured victim has progressed to the point of maximum medical improvement (MMI). Always seek a doctor’s help, when trying to determine whether or not all possible chances for further symptoms, or for any unanticipated complications, appear quite unlikely.