Can You Sue for a Rear-End Collision?
The short answer is yes, you can sue for a rear-end collision if the other driver was at fault and you’ve incurred damages as a result. Here’s what you need to know about your legal rights and the process for pursuing a claim:
1. Liability in Rear-End Collisions. In most rear-end collisions, the driver who rear-ends another vehicle is presumed to be at fault. This is because drivers are expected to maintain a safe following distance and be prepared to stop if traffic ahead slows or stops suddenly.
There are exceptions where the driver in front may share or bear full responsibility, such as if they made a sudden and illegal stop, had non-functioning brake lights, or were driving recklessly.
2. Grounds for a Lawsuit. To successfully sue for a rear-end collision, you must prove that the other driver was negligent. Negligence occurs when a driver fails to exercise reasonable care on the road, leading to an accident. For example:
3. Damages You Can Claim
Medical Expenses: You can seek compensation for all medical costs related to the accident, including emergency care, hospital stays, surgeries, physical therapy, and future medical needs.
Lost Wages: If your injuries prevent you from working, you can claim compensation for lost wages. This also includes loss of earning capacity if you’re unable to return to work at the same level.
Property Damage: You can recover the costs of repairing or replacing your vehicle and any other property damaged in the accident.
Pain and Suffering: Compensation for physical pain and emotional distress caused by the accident and your injuries can also be claimed.
Punitive Damages: In cases of egregious negligence, such as drunk driving, you may be able to seek punitive damages, which are meant to punish the wrongdoer and deter similar conduct in the future.
4. Oregon’s Comparative Fault Rule
Oregon follows a comparative fault rule, which means that if you are found partially at fault for the accident, your compensation may be reduced by the percentage of your fault.
If you are found to be 20% at fault for the accident (perhaps due to suddenly stopping without a valid reason), your total damages award would be reduced by 20%. You can still recover damages as long as you are not more than 50% at fault.
5. Insurance and Filing a Claim
First Steps:Before filing a lawsuit, you typically start by filing a claim with the at-fault driver’s insurance company. In Oregon, all drivers are required to carry minimum liability insurance, which should cover your damages up to the policy limits.
Settlement Offers: The insurance company may offer a settlement to cover your damages. It’s crucial to consult with an attorney before accepting any offer, as initial settlements are often lower than what you might be entitled to.
When to Sue: If the insurance company denies your claim, offers an inadequate settlement, or if your damages exceed the policy limits, you may decide to file a lawsuit to seek full compensation.
6. Statute of Limitations
In Oregon, you have a limited time to file a lawsuit for a rear-end collision. The statute of limitations for personal injury claims is generally two years from the date of the accident. If you miss this deadline, you may lose your right to sue.
Property Damage Claims: For property damage, the statute of limitations is six years from the date of the accident.
7. The Role of an Attorney
Why You Need Legal Representation: An experienced car accident attorney can help you navigate the complexities of filing a claim or lawsuit. They can gather evidence, negotiate with insurance companies, and advocate for your rights in court if necessary.
Maximizing Compensation: Your attorney will work to ensure you receive the full amount of compensation you deserve, taking into account all of your current and future needs.