rear end accident

Getting Rear-Ended While Stopped

profile photo
By Yosi Yahoudai
Founder and Managing Partner

Getting hit from behind while stopped is a helpless feeling, especially if you saw the vehicle approaching before the collision. People frequently drive around while not paying attention to the road ahead. When the failure to keep a careful lookout causes a crash, the injured people need to know who is at fault and who is responsible for their losses.

Getting rear-ended while stopped is a stressful experience, but a Los Angeles car accident attorney can help you hold the negligent party accountable for your injuries. This blog will talk about some of the issues that these cases can involve.

How to Determine Fault in Rear-End Collisions

You will have to prove all four of these elements to hold the driver liable for your wounds after getting rear-ended while stopped:

  1. Duty of care. The driver behind had a duty to maintain a careful lookout and pay attention to the act of driving.
  2. Breach of duty. The defendant must have breached their duty of care. Violating a duty of care is negligence. Let’s say that the driver was having an animated conversation with their passenger. The driver would glance ahead at the road occasionally, but most of the time, they looked in the direction of the passenger.
  3. Causation. The negligence must be what caused or contributed to the collision. The driver in the back did not notice that traffic had stopped for road construction because they were not paying attention to the road. The driver’s distraction caused them to crash into the stopped car in front of them.
  4. Quantifiable losses. You must have measurable damages to win a personal injury case like a car accident. Physical wounds satisfy this required element of liability.

When you can present evidence that supports each of these factors, you can go after the negligent party for your losses.

The driver in the back is not always at fault in causing the collision. Sometimes, the driver in front can be liable. For example, if the driver in front suddenly slammed on the brakes without warning and that action caused the accident, the driver in front could get held at least partially responsible.

Types of Recoverable Damages in Rear-End Accidents

Every injury case is different, so we cannot predict how much money you might get from the at-fault party. Still, some of the common categories of money damages people can recover after a rear-end collision include:

  • Medical bills for the treatment of their wounds
  • Lost wages for when their injuries made them unable to work
  • Pain and suffering for the physical discomfort and emotional distress they endured

Also, if your close relative died from a rear-end crash, the family might be able to pursue a wrongful death claim against the at-fault party.

The Statute of Limitations for Rear-End Crashes

California has a statute of limitations that requires a person to file a personal injury lawsuit within two years. After the deadline passes, the injured person loses the right to seek compensation from the at-fault party.

You do not want to wait too long to talk to a Los Angeles personal injury attorney about your injury case after getting rear-ended while stopped. We offer a free initial consultation. Simply reach out to us today to get started.

author photo
About the Author
Yosi Yahoudai is a founder and the managing partner of J&Y. His practice is comprised primarily of cases involving automobile and motorcycle accidents, but he also represents people in premises liability lawsuits, including suits alleging dangerous conditions of public property, third-party criminal conduct, and intentional torts. He also has expertise in cases involving product defects, dog bites, elder abuse, and sexual assault. He earned his Bachelor of Arts from the University of California and is admitted to practice in all California State Courts, and the United States District Court for the Southern District of California. If you have any questions about this article, you can contact Yosi by clicking here.