Rear-End Accidents

Causes of Rear-End Accident

Understanding the Common Causes of Rear-End Accidents is important to preventing these types of accidents. If you have been injured in a rear-end auto accident, you should call me for a free consultation. I am a Motor Vehicle Accident Attorney (434) 660-9701 A substantial number of auto accidents are rear-end crashes. Following to closely can be a cause of a rear-end crash.

What causes most rear end accidents:

Distracted driving:

Distracted driving accidents are a real problem in the United States. Basically, the Centers for Disease Control identifies three types of distracted driving. Moreover, the three types of distracted driving are visual, manual and cognitive. Visual is taking your eyes off the road. Manual is taking your hands off the wheel. Cognitive is taking your mind off driving.

The CDC further identified that 3,100 people were killed because of distracted driving in 2019. Often, we do not get these statistics until a few years after the fact, because the information takes time to be collected. What was an unfortunate fact is that 1 in 5 of the people who died from a distracted driver in 2019 were walking, riding bikes or not in a vehicle.[1]

Driving while using the cellphone:

Driving while using a cellphone is illegal in Virginia. § 46.2-818.2. “Use of handheld personal communications devices in certain motor vehicles; exceptions; penalty. It is unlawful for any person, while driving a moving motor vehicle on the highways in the Commonwealth, to hold a handheld personal communications device.”[2]

In Virginia, Driving while using a cellphone is a primary offence. , the difference between primary and secondary offences is what you can get a ticket for and what an officer can pull you over for. A primary offence is something an officer can pull you over for. For example, if an officer sees you using a cellphone, they can pull you over. If an officer sees you do not have a seat belt they cannot pull you over but can give you a ticket for not wearing a seat belt if you have been pulled over for another reason.

Drunk driving:

Drunk driving is never ok. It is never ok to drink and drive. Every year people in the United States are killed because of drunk driving. If you have been injured as a result of a drunk driver, you should call me for a free consultation. I am a motor vehicle accident attorney. Consequently, drunk driving accidents carry with them punitive damages. Nevertheless, punitive damages have a multiplier effect and can quickly add up. I have secured substantial settlements for drunk driving accident clients.[3]

The National Highway Traffic and Safety Administration collects and disseminates information about drunk driving accidents. According to NHTSA 37 people a day die from drunk driving accidents.[4]

reckless driving:

Reckless driving is a crime in Virginia.[5] Subsequently, it was made a crime to deter this conduct. Reckless driving is the source of a lot of auto accidents injuries. In many states, reckless driving, like drunk driving, brings with it punitive damages. Subsequently, I have secured punitive damage settlements for clients that have been injured in reckless driving auto accidents. Usually, insurance companies move a little quicker with the level of negligence amounts to recklessness.

Depending on the state the accident happened in, if you have been the victim of a reckless driving accident you may be entitled to punitive damages. Some states do not recognize all conduct as a punitive damages warranting event. In contrast, the driving laws in the United States very substantially from state to state. For example, in the Commonwealth of Virginia, a hit and run accident may not entitle you to punitive damages while in Florida it certainly will.

For example, one of my former clients was driving along a highway when another driver approached from the rear, went into the oncoming lane beside them and was forced to swerve and side swipe my client in order to avoid a head on collision. This was reckless driving. I was able to secure the full insurance policy for my client.

road rage or aggressive driving:

I have secured settlements for clients that have been injured as the result of a road rage and aggressive driving accident. Likewise, one of my clients was rear ended after being berated and followed by a person perpetuating road rage. I must commend it when an insurance company does the right thing and provides a substantial settlement for what was clearly conduct that is unacceptable. My client was being followed, flicked off, cursed at, threatened with a much larger vehicle then my client was in and eventually rear-ended. Luckly, we had proof of all of this conduct and were able to secure a settlement.

Road rage may be on the rise. “The number of aggressive drivers has increased steadily since America went back to work following the pandemic.”[6] There are several road rage aggressive driving cases in Virginia every year and sometimes, they result in death.[7]

Road rage is not acceptable and if you have been injured as a result of a road rage accident you should call me for a free consultation (434) 660-9701. Aggressive driving is also a problem in this country, we are all on the road together so be safe out there and considerate to others.

Conclusion

If you have experienced a rear-end collision, the first thing you should do is call your local authorities. The second thing you should do is call a motor vehicle accident attorney. A motor vehicle accident attorney can focus on getting you maximum compensation for your auto accident. The insurance companies are not on your side. Even though you pay premiums, once you have a claim often they turn on you.

[1] https://www.cdc.gov/transportationsafety/Distracted_Driving/index.html

[2] https://law.lis.virginia.gov/vacode/title46.2/chapter8/section46.2-818.2/

[3] https://chriswhitelawyer.com/results/

[4] https://www.nhtsa.gov/risky-driving/drunk-driving

[5] https://law.lis.virginia.gov/vacode/title46.2/chapter8/section46.2-868/

[6] https://advance-lexis-com.eu1.proxy.openathens.net/document/?pdmfid=1516831&crid=44e713ef-a39b-41c6-809c-e6d891fea635&pddocfullpath=%2Fshared%2Fdocument%2Fnews%2Furn%3AcontentItem%3A67BV-R1S1-DXVP-V410-00000-00&pdcontentcomponentid=152567&pdteaserkey=sr0&pditab=allpods&ecomp=tmnyk&earg=sr0&prid=6d67e9fd-705e-4fa4-be80-e0802748d332

[7] Canipe v. Commonwealth, 25 Va. App. 629 (1997)

Chris White Lawyer, LLC. is a Lynchburg, Virginia Law Firm. Available for consultations in person, via Facetime, Skype, Zoom or phone (434) 660-9701. Please also check out my practice areas in Criminal Defense Attorney and Car Accident Lawyer. At my Law Firm we focus on the best result for the client. To stay connected I have a Youtube InstagramFacebookTwitterLinkedInTumblrBloggerRedditYelpAvvo and Justia.

Chris White lawyer, LLC

Cellphone: (434) 660-9701

Available with appointment (434) 660-9701:

700 12th St, Lynchburg, VA 24504

Available with appointment (434) 660-9701:

100 Tradewynd Dr. Lynchburg, VA 24502

 

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