PORTLAND REAR-END
ACCIDENT ATTORNEY

We Manage Rear-End Accident Claims in Portland & Throughout Oregon

Rear-end traffic incidents can happen to anyone at any time. In an instant, a crash can occur, and with it may come financial burdens, severe injury, and property damage. If you were hurt in a wreck that was not your fault, you have the right to seek compensation for your injuries. 

Navigating rear-end car accidents can be complicated, and insurance companies rarely take the high road when it comes to helping injured victims seek compensation. The insurance company will likely do everything possible to avoid giving you the monetary settlement you deserve.

Don’t limit your legal options by facing the justice system alone; seek the help of the experienced personal injury attorneys at Johnston Law Firm, P.C. We will tirelessly fight for you when you hire us because we care about your rights. To discuss your personal injury claim, call us today or complete our case evaluation form. 

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What You Need to Know About Rear-End Car Crashes

Recently, a Portland Bureau of Transportation vehicle was rear-ended on Martin Luther King Jr. Boulevard near the Oregon Convention Center. Thankfully, no one was reported injured; however, the story of many rear-impact collisions has a different ending. 

Rear-end accidents are among the most common types of car collisions. In Oregon, there were over 13,000 rear-end accidents in the year 2021. Sadly, there were 32 fatalities among the over 7,770 collisions that resulted in injuries.

Here is what you need to know about rear-end collisions:

• Rear-end collisions often result from driver error. Various factors can contribute to an accident. Inattentive driving, including texting or eating; failing to adapt to road conditions; or unexpected maneuvers by other drivers can all contribute to an accident.
• A rear-end automobile accident can result in catastrophic injuries. Not all rear-end accidents are minor fender-benders. Even at low speeds, rear impacts can cause whiplash, neck injuries, broken bones, back injuries, and other types of trauma. In severe cases, such incidents can lead to debilitating health conditions or tragic fatalities, especially if a larger vehicle like a truck or bus is involved.
• Determining liability for a rear-end crash isn’t always clear-cut. The tailing driver is often held liable in a rear-end accident, but sometimes other parties may be responsible. For example, if the front driver abruptly stops without warning or reverses unexpectedly, he or she may share liability. Factors like weather and mechanical failures can also influence fault determination.

Holding the Right Parties Liable for a Rear-End Collision

The driver who crashes into a vehicle from behind is usually held responsible for causing a rear-end auto accident. However, determining liability for rear-end accidents can quickly become complicated.

Some questions that may come up when determining liability for a rear-end auto accident may include: 

• Was the following driver distracted? If the tailing driver was distracted by texting, talking, or similar actions, he or she may be liable for driving negligently.
• Was the leading vehicle slowing down? Establishing whether the leading vehicle was slowing down at the time of the collision helps determine whether the driver of the tailing vehicle failed to react appropriately.
• Was the trailing driver speeding? Excessive speed reduces a driver’s reaction time and braking distance. If the trailing driver exceeded the speed limit or traveled too fast for current road and traffic conditions, he or she may be responsible for the wreck.
• Did the following driver maintain a safe following distance? Assessing whether the following driver left adequate space between his or her vehicle and the leading vehicle is crucial, as tailgating increases the risk of rear-end collisions.
• Was the rear driver intoxicated or impaired? If the following driver was under the influence of alcohol, drugs, or prescription medication, his or her actions may have contributed to the accident.
• Did the leading vehicle make an abrupt maneuver? What if the leading vehicle abruptly changed lanes, stopped suddenly, or engaged in other unexpected maneuvers? In that case, he or she may be responsible for causing the collision.

A skilled traffic accident lawyer in Portland, OR, can help answer these questions by investigating the circumstances of the crash.

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Establishing Fault in a Rear-End Collision Involving a Commercial Vehicle

If you were hurt in a collision involving a delivery truck or a company car, you should seek the guidance of a seasoned Portland, Oregon, rear-end accident lawyer. Rear-end collisions involving commercial vehicles can result in complex legal scenarios. If the driver acted within the scope of his or her employment when the rear-end accident happened, multiple parties could be responsible for the accident. 

Employers may be liable for any damages caused by their drivers, as well as:

• The vehicle’s manufacturer
• The party responsible for vehicle maintenance
• The maker of the vehicle’s components

Rear-End Accidents Involving Multiple Cars: What You Need to Know

For victims of rear-end auto accidents, the aftermath can be confusing and overwhelming. The situation becomes even more complex when the collision triggers a chain reaction.

A multi-car rear-end collision typically starts when one vehicle crashes into the back of another, setting off a domino effect. As the impact force pushes forward, each vehicle may collide with the car in front of it.

Assigning blame in multi-car wrecks can be challenging. While the driver who caused the initial rear-end collision is typically held responsible, other factors may have contributed to the chaos. Such factors could include mechanical failure, drivers following too closely, or unsafe driving behaviors.

Multi-car collisions may result in a range of injuries, including:

• Minor cuts
• Broken bones
• Neck injuries
• Bruises
• Severe whiplash injuries
• Spinal injuries
• Fatalities

The extent of injuries and property damage after a multi-car rear-end collision can vary depending on factors such as:

• The speed of travel
• The size of the vehicles
• The number of vehicles involved

When Rear-End Accidents Turn Fatal: Legal Options for Justice

Losing a loved one in a fatal rear-end collision is a devastating experience that no family should have to endure. In such tragic situations, it is necessary to understand the legal options available for seeking justice and holding the responsible party accountable.

When a rear-end traffic accident results in the loss of life, surviving family members may pursue a wrongful death claim against the negligent driver or other liable parties. This legal action seeks compensation for damages such as discussed below.

What Are Economic Damages in Wrongful Death Rear-End Collisions?

Economic damages represent tangible monetary losses and may encompass:

• Medical expenses: Compensation may be needed for the medical costs incurred before the victim’s passing. Coverage for expenses, such as hospital bills, treatments, and medications, may be included in a financial settlement.
• Funeral costs: Economic damages may reimburse the expenses associated with organizing the funeral or memorial service, including burial expenses and fees for funeral ceremonies.
• Lost income and benefits: Compensation may be possible for the income the deceased would have earned had he or she lived. Such compensation may include benefits like health insurance, retirement contributions, or bonuses. This calculation considers factors like the victim’s occupation, earning potential, and career path.

Non-Economic Damages and Fatal Rear-End Collisions: What Families Need to Know

Non-economic damages address the intangible losses suffered by the victim before death and the surviving family members following the death of a loved one. Damages awarded for pain and suffering compensate a victim’s family for the void left by the deceased’s absence, including emotional anguish. 

Loss of consortium damages may be awarded to a spouse for the following reasons:

• The deprivation of companionship
• The loss of spousal love
• Loss of marital support resulting from the death of his or her partner

A compassionate Portland, OR, wrongful death attorney can help hurting families seek compensation for non-economic damages such as emotional distress.

Receiving Punitive Damages for Fatal Auto Accidents

Although punitive damages are rarely awarded for rear-end accidents, these may be granted in cases where the defendant’s conduct was exceptionally reckless or malicious. These damages serve as punishment for the offender and aim to dissuade similar misconduct. However, such penalties are typically reserved for extreme negligence or intentional harm.

Damages awarded for car crashes vary in size and type, being based on the unique circumstances of each case, including:

• The age of the victim
• His or her earning capacity
• The nature of the defendant’s actions 

A seasoned attorney can assist families in pursuing compensation on behalf of the wrongfully deceased. While no amount of financial compensation can replace a lost loved one, pursuing legal action can help bring closure and ensure accountability for those responsible for fatal rear-end collisions.

How a Portland Car Accident Lawyer Can Establish Liability

If you are injured in a rear-end accident, you may face many challenges. From dealing with injuries and medical bills to navigating the legal process, the aftermath can feel overwhelming. Seek peace of mind by letting the experienced, resourceful car accident lawyers at Johnston Law Firm help you.

Personal Injury Law Attorneys Can Help You Understand Your Rights

When you hire our personal injury law firm, we can help you understand your rights as an injury victim or wrongful death claimant. Whether you are seeking compensation for injuries sustained in a rear-end accident or representing a loved one who has tragically passed away, we can educate you on the legal options that could be available to you. You may even be entitled to a larger sum of money than you thought.

A Car Accident Attorney Can Help You Establish Negligence

For a successful personal injury case, your personal injury lawyer must establish that the at-fault driver owed you a duty of care. This duty of care requires drivers to operate their vehicles in a reasonably safe manner to avoid causing harm to others on the road.

Next, your personal injury claims attorney must demonstrate how the at-fault driver breached his or her duty of care. 

Some actions that constitute a breach of duty are:

• Tailgating
• Speeding
• Being distracted
• Driving negligently in some other way

Finally, your lawyer must establish causation by proving that the at-fault driver’s breach of duty directly caused your injuries and damages. Supporting evidence in personal injury cases could include medical records and other proof to link your injuries to the rear-end collision.

An Attorney Can Gather Evidence to Support Your Personal Injury Claim

Gathering evidence to support your claim is necessary to build a strong case. Our skilled attorneys can thoroughly investigate the circumstances surrounding the rear-end accident. 

Collecting evidence may involve:

• Obtaining police reports
• Collecting witness statements
• Assessing any available surveillance footage

Assessing Damages in Complex Motor Vehicle Accidents

Determining the full extent of your damages is essential to seeking fair compensation. Our legal team can assess your economic and non-economic losses from the accident to ensure all your damages are considered.

Damages you may be eligible to recover include:

• Medical treatment
• Lost wages
• Funeral costs
• Pain and suffering 
• Loss of companionship

A Motor Vehicle Accident Attorney Can Handle the Insurance Company for You

Dealing with the insurance company can be complex and frustrating, especially after a rear-end accident. So why not let our knowledgeable car accident lawyers take care of all communications and negotiations with insurance company adjusters on your behalf?

At Johnston Law Firm, P.C., we know how to handle the insurance companies. When we’ve taken on your case, you can be sure we will work relentlessly to seek a fair settlement for your losses.

A Car Crash Attorney Can Take Your Rear-End Accident Case to Court

While many auto accident cases can be resolved through negotiation and settlement, some may require litigation to achieve a fair outcome. If your case proceeds to court, you can trust a Johnston Law Firm personal injury attorney to advocate fiercely for your rights.

From negotiating with the insurance company to taking your case to court, we will be by your side every step, fighting for the justice you deserve.

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