Rear End Accident Lawyer

Rear End Accident Lawyer

A rear-end accident attorney will work to maximize your financial recovery and assist with the hassle of medical paperwork and negotiating with the insurance company. Get a free consultation to learn how you could recover more money with less stress.

The most common type of car crash is a rear-end accident. According to the National Highway Traffic Safety Administration, these collisions account for almost 3 million car crashes per year or approximately 1/3 of all total auto accidents. This is common sense to most Portland metro-area drivers, who encounter the telltale sign of a rear-end crash on an almost daily basis in the sight of two vehicles pulled off on the shoulder of the road with the drivers outside exchanging their respective insurance information.

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Liability In Rear End Accidents Is Presumed

It is presumed that the driver of the rear vehicle, or the vehicle in the back, is at fault for the crash in rear-end accidents. This means that the at-fault driver’s insurance company should assume all liability for the car accident. However, this is not always the case and auto insurance companies have been known to try and blame the lead, or front vehicle, for the accident by claiming that the driver abruptly braked or quickly changed lanes, thereby causing the accident. It should not be assumed that simply because you were injured in a rear-end collision the other driver’s insurance company will accept responsibility and reasonably compensate you for your injuries. Insurance companies have become adept at defending rear-end accident cases, which is why it is important to consult with a seasoned car accident attorney at Johnson Law, P.C. as soon as possible after you are injured.

How Insurance Companies Avoid Compensating You

A favorite insurance company strategy is to lull the injured victim into complacency by having their insurance adjusters act as though they want to provide reasonable compensation, but when the injured person goes to actually negotiate a settlement the insurance company suddenly claims that their crash was a “minor impact” and that they could not possibly have been as seriously injured as they are claiming. If the injury involved whiplash, the insurance company will claim that the person should have recovered more quickly, and thus imply that the injured victim is exaggerating their injuries.

Irregular, or Sporadic Treatment

If the injured person did not immediately seek medical attention, or if it was irregular at first, the insurance company will also try and diminish its at-fault driver’s responsibility for the person’s injuries by saying that they must have been caused by some other event than the car accident.

The Insurance Company Is Saying I Have Degenerative Disk Disease

In addition to denying the car accident resulted in sufficient force to cause injury, insurance companies also try to deflect responsibility by arguing that the injured person suffered from a preexisting condition such as Degenerative Disk Disease, and because of this, the car accident could not possibly be the result of the neck or back pain the person has experienced since the crash.

There are counterarguments, both medical and legal, to this insurance defense tactic, and the car accident attorneys at Johnson Law, P.C. are happy to advocate for you when insurance companies use these unscrupulous pseudoscientific arguments to minimize the injuries suffered by victims of car crashes.

If the insurance company is denying responsibility for your injuries caused by a rear-end car accident, you need legal counsel who is committed to fighting until you get the justice you deserve.  The attorneys at Johnson Law, P.C. have the expertise and knowledge to prove the true extent of your injuries in order to obtain compensation for the harm you have suffered.

FAQ - Rear-End Collisions in Oregon

1. Who is usually at fault in a rear-end collision in Oregon?

• In Oregon, the rear driver is typically presumed at fault, but if the lead driver behaves negligently, such as stopping abruptly without reason, the lead driver could share responsibility.

2. What unique steps should I take after a rear-end collision in Oregon?

• After ensuring safety, report the accident to the Oregon DMV if damage exceeds $2,500 or if there’s an injury. Oregon requires this report within 72 hours. Always get a police report, as it’s crucial for insurance and legal claims.

3. How does Oregon’s comparative negligence law affect my case?

• Oregon follows a modified comparative negligence rule, meaning you can recover damages even if you’re partially at fault, as long as you’re less than 51% responsible. However, your compensation will be reduced by your percentage of fault.

4. What is the Personal Injury Protection (PIP) coverage, and how does it apply?

• In Oregon, PIP is mandatory and covers your medical expenses, lost wages, and more, regardless of who was at fault. This coverage is vital immediately following a rear-end collision, especially if there’s a delay in settling liability.

5. Are there specific rear-end collision laws in Oregon?

• Oregon law mandates that drivers maintain a safe following distance and avoid distracted driving. Violating these can establish fault in a rear-end collision.

6. How can I protect my rights after a rear-end collision in Oregon?

• Preserve evidence, report to the DMV, and consult an attorney familiar with Oregon’s unique laws. An experienced lawyer can help navigate the PIP claim process and negotiate with insurers to ensure full compensation.

7. How long do I have to file a lawsuit after a rear-end collision in Oregon?

• The statute of limitations for filing a personal injury lawsuit in Oregon is two years from the accident date. However, acting quickly ensures the preservation of evidence and witness testimonies.

8. What should I know about Oregon's no-fault insurance laws?

• Unlike some states, Oregon is not a no-fault state, meaning you can directly pursue claims against the at-fault driver. Understanding your rights under this system is crucial to maximizing your recovery.

9. What role does weather play in Oregon rear-end collisions?

• Oregon’s rainy and icy conditions often contribute to rear-end collisions. Drivers are expected to adjust their driving to road conditions. Failure to do so can increase their liability in a collision.