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Fayetteville Rear End Accident Attorneys

Fayetteville Rear End Accident Attorneys

Rear-end collisions in the nation are far more common than we would like to think. The National Highway Traffic Safety Administration (NHTSA) estimates that every year there are at least 3,000 deaths attributed to distracted driving. Distracted driving involves the driver losing focus while behind the wheel due to cognitive, manual, or visual distractions, or manual, visual, and mental distractions.

One of the main factors behind rear-end collisions is distracting e-devices in vehicles. There are more than 300 million wireless subscriptions in the U.S. today, and the number keeps climbing. How often have you seen other drivers holding a cellphone, reading messages, or making calls​?

If you were recently involved in a car crash where distracted driving was a critical factor, contact our office today. Our rear end car accident attorneys are here to listen to your concerns. We bring years of experience and understand the complexities of car accident claims.

How a Rear End Collision Happens in Fayetteville, AR

This information comes from a study done by the Virginia Tech Transportation Institute (VTTI). They researched rear-end collisions to determine what factors may be involved in causing a rear-end crash.

As it turns out, VTTI arrived at some interesting conclusions. Some of the findings they revealed include:

  • Most rear-end collisions happen when the lead vehicle is either moving very slowly or stopped. In most of these accidents, the driver was following too closely behind the car they crashed into. Approximately 81 percent of rear-end crashes happen when the first vehicle is stopped.
  • Male drivers between 25 and 34 were 1.9 times more likely to be in a rear-end collision.
  • These types of collisions usually take place during daylight hours while on level, straight and dry roads.
  • In close to 50 percent of rear-end collisions, the driver who hits the vehicle in front of them was not paying attention to their surroundings or the road in front of them. They were driving while distracted.
  • Surveys, where drivers were observed, revealed that more than 100,000 drivers are texting at any given moment each day, and over 600,000 drivers are holding cellphones to their ears while behind the wheel.
  • Driving while distracted can involve texting while driving, eating, talking on a cellphone, talking to a passenger, or even daydreaming. Distracted drivers are the cause of roughly 90 percent of rear-end collisions.
  • Tailgating.
  • Speeding.
  • Driving while fatigued.
  • Driving in bad weather with low visibility.
  • Driving behind a vehicle that makes frequent stops.
  • Driving behind a large vehicle that blocks your view.

How do you reduce the number of rear-end collisions? Leave more space between vehicles, and do not drive while distracted. It would likely reduce the number of rear-end crashes in the nation and Fayetteville.

However, despite the danger, drivers continue to insist on staying connected, even though they are risking their own lives and the lives of others. While some rear-end collisions can be minor, others, particularly if they involve a larger vehicle, such as a big rig, can be deadly.

What Are Common Injuries From a Rear-End Accident?

A rear-end crash can cause several injury types ranging from mild to severe. Someone involved in a rear-end crash may experience several injuries of varying severity, all stemming from the same collision.

Common injuries that occur in Fayetteville rear-end car accidents include:

  • Whiplash, or neck sprain/strain, which damages the muscles and soft tissues of the neck,
  • Traumatic brain injuries, including concussions,
  • Herniated discs, vertebral fractures, and other back injuries,
  • Facial injuries,
  • Rotator cuff tears, dislocations, and other shoulder injuries,
  • Broken bones,
  • Internal injuries or internal bleeding.

Other injuries may occur as well. See a doctor as soon as possible after a rear-end crash. A physician can evaluate your injuries and help you get the treatment you need to recover.

Who is At-Fault in a Fayetteville Rear End Accident?

In most cases, a rear-end collision is the fault of the driver of the car that hit you. However, there are some cases where there is shared liability. It depends on the circumstances of the case, and your Fayetteville rear-end crash attorney at the Law Office of Jason M. Hatfield can certainly take a close look at the facts and determine who was at fault.

It is also important to know about the “last clear chance” doctrine. This means a partially negligent injured party to a rear-end crash may recover damages if it is proven that the defendant was reasonably able to avert the crash, no matter what the plaintiff’s contribution happened to be. To be clear, just because you were rear-ended, does not always mean that the other driver is at fault.

For instance, there are cases where both vehicles were moving at the time of impact. Was the defendant tailgating? Did the plaintiff come to a sudden, unnecessary stop? Did the plaintiff not have proper working taillights? Did the plaintiff suddenly drive in reverse without warning? Did the plaintiff fail to use turn signals? Did the plaintiff make a sudden lane change in front of another vehicle?

In Arkansas, courts follow the modified comparative fault or modified comparative negligence rule. This refers to when an injured person was, in part, responsible for causing the personal injury crash. An example would be If one driver is considered to be primarily at fault, but the other driver also bears some responsibility.

If a texting motorist rear-ends you at a stop sign, that driver that rear-ended you would be negligent and responsible for the accident. However, if your taillights were not working or you stopped abruptly with no warning, you may be considered at fault as well.

Reasons to Hire a Fayetteville Rear-End Car Accident Attorney

After a rear-end crash in Fayetteville, you may know you need a lawyer – but you may not know where to start looking.

An attorney who practices personal injury law in Fayetteville can provide personalized service in a way that no out-of-town law firm can match. Attorney Jason M. Hatfield has years of experience representing clients in Fayetteville and surrounding communities.

A longtime Arkansas resident, Jason M. Hatfield attended the University of Arkansas and the University of Arkansas School of Law. He has tried several cases before both the state and federal courts of Arkansas, including at the Arkansas Court of Appeals and the Arkansas Supreme Court.

Attorney Jason M. Hatfield’s commitment to the people of Arkansas shows in his successes representing those injured in rear-end car accidents. He understands the nuances of Arkansas insurance and injury law, allowing him to fight for full, fair compensation for his clients.

How Long Does a Rear-End Collision Settlement Take?

Because each rear-end collision case is unique, each case has a slightly different settlement process. The questions that get raised while you’re working toward a settlement will be unique to your case.

Factors that can affect the length of time it takes to reach your settlement include:

  • The severity of your injuries,
  • How long it takes you to reach “maximum medical improvement,” the point at which it becomes possible to calculate your expected future medical bills and lost wages,
  • The facts of the collision, including who was involved and who was likely at fault,
  • How cooperative insurance companies are at meeting your needs and negotiating with your attorney.

Some rear-end collision cases settle within a few months. Others may take a year or more. In some cases, the parties cannot agree on a settlement, and the case goes to trial.

To improve your chances of reaching a full and fair settlement – and building a strong case for trial – work with a dedicated car accident attorney who knows the Fayetteville courts.

What are the Chances of Winning a Car Accident Settlement?

Most rear-end car accident claims in Fayetteville don’t go to trial. Instead, the cases are settled before trial. Compensation you win during this process is called a “settlement.” If you go to trial and win, your compensation is called a “verdict.”

Your chances of winning a car accident settlement depend on several factors. Some of these factors include:

  • The presence and clarity of evidence that another party was at fault for your crash.
  • Whether you got medical attention right away and your treatment team kept organized, thorough records.
  • How severely you were injured and how your injuries affect your future ability to work, take care of your family, and do other activities.
  • Whether you have clear records of your bills, costs, and other needs.
  • Filing an insurance claim on time.
  • Filing a car accident lawsuit before the deadline expires.
  • Working with an experienced attorney who fights for your legal rights.

Insurance companies know that an injured person without a lawyer will struggle to build a strong case and fight for full, fair compensation. Working with a rear-end auto accident lawyer in Fayetteville can improve your chances of success.

How to Win a Rear-End Collision Case?

Winning any rear-end collision case is a challenge. Each car accident has unique facts. The day, time, and place are unique, as are the parties involved and the specific injuries and losses each person suffers.

However, each unique case must go through the same processes. From insurance claims to negotiations to preparing for trial, each case follows Arkansas’s rules and regulations for car accident claims.

To set up your rear-end collision case for success, talk to an experienced Fayetteville personal injury lawyer. An attorney can answer your questions, investigate your claim, and fight for the best possible outcome, all while protecting your legal rights at each step.

What is the Right Action to Take in a Rear-End Collision?

Often, a rear-end crash seems to come from nowhere. It’s normal to feel disoriented, confused, and overwhelmed after the collision – especially if you’re suffering from serious injuries.

After a rear-end crash:

  • Put safety first. Move out of traffic if possible, but don’t move anyone who appears seriously injured. Call 911 for emergency assistance.
  • Get medical attention right away. Emergency medical teams may provide care or transport you to an emergency room. If you didn’t go to the emergency room immediately after the crash, see a doctor as soon as possible.
  • Save your paperwork. Collect all your bills, receipts, doctor’s notes, and other information about the accident and your injuries. Keep this paperwork together in a safe place. Consider making both digital and paper copies.
  • Stick to the facts. When you talk to an insurance company, focus on the facts: Where, when, what happened, and who was involved. Even if you think you know who was at fault, keep this opinion to yourself. Wait until investigations are complete – you may be missing a crucial piece of information.
  • Talk to a lawyer. An attorney can handle insurance company negotiations, investigations of your claim, and other tasks, so you can focus on healing.

If your injuries were severe, you may not have been able to take all these steps. Speak to a knowledgeable Fayetteville car accident lawyer. Your attorney can investigate your claim, fill in any missing information, and help you protect your legal rights.

Contact the Fayetteville Office of Jason M. Hatfield Today

If you were involved in a Fayetteville rear-end crash, call us at the Law Office of Jason M. Hatfield at 479-888-4789. Our dedicated team of rear-end crash accident lawyers is here to help.

Call us today for a free initial consultation and to find out what you can expect should you file a personal injury lawsuit. We know you have questions, and we can answer them for you. The Law Office of Jason M. Hatfield is just one quick call away: 479-888-4789.

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