At Miller & Tischler, P.C., we fight for the rights of Michigan car accident victims, many of whom have suffered serious injuries as a result of rear-end collisions. These collisions account for nearly a third of all vehicular accidents. Unlike many other types of crashes, they are as common on city streets as they are on highways. Almost always, they are the fault of the rear driver.
We have found that even when our clients are involved in rear-end collisions while stopped in traffic, they may suffer injuries that cause significant long-term problems. When they are hurt by a car traveling at high speed on a highway, their injuries are even more severe and sometimes catastrophic.
Reasons for a Rear-End Accident
In the majority of rear-end accidents, the front car is stopped. Since all drivers are required by law to maintain a safe distance from the car in front of them and to always be alert to the actions of other drivers, almost all rear-end collisions are considered to be the fault of the person driving behind.
Besides tailgating, the reasons for rear-end collisions include:
- Driving while drowsy or fatigued
- Driving while impaired by alcohol or drugs
- Inattentive or distracted driving (while eating, texting, adjusting mirrors, radios, etc.)
- Reckless driving
- Road rage
- Speeding
In some situations, external factors may precipitate or worsen the accident:
- An animal in the road
- Bad weather (rain/snow/sleet/ fog/hail/sun glare)
- Damaged pavement or debris on the roadway
- Mechanical defect in one of the vehicles (e.g. faulty brakes on the rear car or faulty hazard lights on the front car)
Though rare, in the last listed item, a third-party is typically at fault. For example, the brakes of the rear vehicle may be faulty due to a manufacturing defect or an improper repair, or the road may be poorly maintained. In such cases, our attorneys are fully prepared to file a personal injury lawsuit against the car manufacturer, repair shop, or government agency responsible.
Injuries Commonly Sustained During Rear-End Accidents
In addition to the whiplash and upper back injuries mentioned previously, victims of rear-end accidents, especially those that occur on highways, may also suffer:
- Traumatic brain injuries (TBIs)
- Damage to, or loss of, an organ
- Fractures
- Joint damage
- Loss of sight or hearing
- Neuromuscular damage
- Spinal cord injuries
- PTSD
It is worth noting that most airbags are not designed to deploy during rear-end collisions, putting victims at greater risk of injury.
Can I sue for damages in a no-fault state like Michigan?
Michigan is a no-fault state, meaning, if you are injured in an automobile accident and covered by insurance, you may be entitled to benefits even if you were at fault for the accident. Injured parties who are insured may be covered by PIP (Personal Injury Protection) for medical costs, work loss, attendant care, and replacement service (also known as household chores benefit). With recent changes to Michigan’s no-fault laws, the amount of benefits available to you will depend on the date of your accident and/or the amount of PIP coverage selected under your no-fault policy. PIP, however, does not cover damages for any pain and suffering your are experiencing as a result of your injuries. Because pain and suffering can be enormous, particularly if the case involves long-term incapacity, you need a well-informed personal injury attorney to determine how best to proceed. Miller & Tischler’s capable attorneys will provide you with excellent legal counsel and decide whether a lawsuit will be necessary.
Don’t Delay Seeking Medical Care
Because rear-end accidents involve a sudden jolt to the body, victims frequently sustain neck (whiplash) or back injuries. In many cases, however, the full extent of the harm sustained is not immediately apparent. For this reason, it is essential to have a full medical exam, even if you are unaware of any serious injury right after the crash. Many people are surprised to find a collision lasting only a few seconds has resulted in a long-term injury.
Seeking Legal Counsel for a Rear-End Accident Is Equally Important
Once you have been seen by a doctor, had diagnostic testing, and begun receiving medical treatment, you should consult with a well-respected car accident attorney–one who has a history of successful outcomes. The lawyers at Miller & Tischler certainly fit the bill. While you take the time to rest and recover, we will:
- Investigate the scene of the crash
- Gather evidence while it is fresh
- Examine medical records and police reports
- Interview witnesses
- Consult with expert witnesses if necessary
- Handle communications with insurance adjusters/opposing attorneys
- Create the best strategy for your particular case
Don’t make the mistake of speaking to an insurance representative on your own or signing any document without your attorney present. You may be inadvertently waiving your rights and/or accepting much too little compensation.
Miller & Tischler Will Fight for the Damages You Need
At Miller & Tischler, we know how much a rear-end accident can upend your life as you struggle with physical pain, emotional trauma, and financial anxiety as medical bills mount and income declines. If you have been seriously hurt in a rear-end accident, our attorneys are committed to using their considerable legal skills to your advantage. Our goal is always to obtain maximum compensation for you and your family.Through negotiation or litigation, we will work hard to obtain whichever of the following pertain:
- Medical and rehabilitation costs
- Attendant (personal) Care
- Household chores benefits
- Work loss benefits, including excess work loss if available
- Pain and suffering damages
If your family has suffered the tragedy of losing a loved one to wrongful death, we will fight to win you damages to pay for final medical costs, funeral costs, and loss of financial and emotional support.
Contact Our Office Today to Start the Wheels of Justice Turning
No matter what your particular circumstances are, you will appreciate having our team behind you. We know that, in all likelihood, your situation affects not only you but your loved ones as well. That’s why we will do everything in our power to ease your path and fight for the financial and personal support you need during this difficult time. Contact our Michigan car accident attorney today for an initial consultation.