How to Handle a Rear-End Collision in the Bay Area

Rear-end collisions are one of the most common types of car accidents in the Bay Area, often resulting in severe injuries and financial losses. These accidents can happen in heavy traffic, on freeways, at intersections, or while stopped. If you’ve been involved in a rear-end collision, knowing the steps to take to protect your well-being, legal rights, and financial health is essential. This article will outline handling a rear-end collision in the Bay Area and explain why proper legal representation is often necessary.

5 Immediate Steps to Take After a Rear-End Collision

1. Check for Injuries: Your safety and the safety of others should always be the priority. Assess yourself and any of your passengers for injuries. If anyone is hurt, call 911 immediately to get emergency medical assistance on the scene to tend to the injured. Even if injuries may not seem major at the moment, seeking immediate medical treatment is essential, and in your best interest.  Some injuries may not immediately manifest due to the excitement of the event and adrenalin response.
2. Move to Safety: If your vehicle is drivable, move it to a safe area away from traffic. This will help avoid further accidents. Turn on your hazard lights to alert other drivers, and stay as calm as possible.
3. Call the Police: in California, you are required to report any accident that results in injury, death, or property damage over $1,000.  Many accidents meet such criteria.  Contacting law enforcement is crucial for documentation of your accident itself, and you must tell 911 if anyone is injured. The Police will file an accident report (only if someone is injured) and that report can be essential if you file a personal injury claim.  You should thus not deny your injuries or downplay them, let an ambulance come to the scene and evaluate you.  Police attending the scene means evidence will be documented, and a statement will be secured from the opposing driver which could prove crucial later on.
4. Gather Information: Collecting information from the other driver(s) and any witnesses at the scene is critical for your claim. Make sure you get:

• The other driver’s name, contact information, driver’s license number, and insurance details.
• Contact information for any witnesses who saw the accident occur.
• Photos of the accident scene, damage to all vehicles, and any visible injuries you or your passengers may have suffered.

5. Do Not Admit Fault: Feeling shaken after an accident is natural, but avoid discussing fault at the scene. Even apologizing casually can be interpreted as an admission of guilt, which could affect your personal injury claim later.

What to Do Following the Collision

1. Seek Immediate Medical Attention: Even if you feel minimal injury immediately after the accident, seeking a complete medical evaluation at a hospital emergency room or Urgent Care Facility is essential. Some injuries may not show any symptoms until hours or days later. A medical evaluation is also crucial as soon as possible after the accident if you intend to file any personal injury claim. This is because the medical record of your visit acts as evidence of your injuries and symptoms. This is important proof proving your injuries and documenting them.  Insurance companies require documentation of everything.  If you need time off work for your injuries, ask for a work slip putting you off work as well.
2. Report the Accident to Your Insurance: California law requires drivers involved in a car accident to report it to their insurance company. Limit what you tell your insurance company when you report the accident. Do not sign any forms without your attorney reviewing them first. It’s best to hire an attorney and let them handle all dealings with any insurance companies involved. You should not provide a recorded statement to any insurance company unless your attorney is present during such statement. You are not legally obligated to provide a recorded statement and its best to wait to do so until after you have discussed it with your attorney.
3. Document Everything: Keep thorough records of everything related to the accident. This includes:

• Any medical visit dates, any medical bills that come in the mail, any discharge paperwork from the hospital, prescription orders, work leave slips, and any paperwork from your health plan relating to medical care.
• Car repair estimates and final repair bills.
• Rental car receipts.
• Receipts for any other accident-related expenses, medical co-pays, prescription costs and receipts, and any receipts for over-the-counter medications and medical supplies or equipment.
• Notes on how the accident has impacted your life (e.g., missed work, pain symptoms and suffering, inability to do certain household and other usual activities).

Determining Fault in California Rear-End Collisions

In most rear-end collision cases, the driver who rear-ended the other vehicle is found at fault. California vehicle code requires that drivers leave enough space between their car and the vehicle in front of them to stop safely. However, there are exceptions, such as:

• The driver in front stopped abruptly without a valid reason.
• A third vehicle caused the rear-end collision by striking the vehicle behind your car and pushed the second car into your car (the third car has the fault).
• Mechanical failures or road hazards were involved.

California is a comparative negligence state, meaning both drivers in an accident can share responsibility for the accident where that is appropriate and applicable. For example, if the front driver’s brake lights were out when they were rear ended, they may be found partially at fault for having no working brake lights. When it is a shared fault situation, it can affect how compensation is awarded.  Each party’s compensation will be reduced by their own percentage of fault.

Legal Considerations for Rear-End Collisions in the Bay Area

Because California follows a comparative negligence rule, the compensation you can receive will be reduced by your percentage of fault if you were also at fault. If the other driver or their insurer claims you contributed to the accident in any way, it can complicate your case. This is why working with an experienced personal injury attorney is essential for determining whether you should share in fault and if so to what degree. This is also crucial to obtaining the best outcome for your case.

The statute of limitations in California for most personal injury claims is two years from the accident date. If your claim involves a public entity such as a city or a state, such as where a city bus driver caused the accident, you have only six months from the date of the accident to file a formal notice of claim with the public entity. However, taking immediate action after the accident dramatically improves your chances of gathering solid evidence and witness testimony. Hiring an attorney immediately after an accident can help you secure crucial evidence to support the case. An attorney can help you file a claim with the at-fault driver’s insurance company and determine whether any public entities were involved in your accident and whether a claim should be made there as well.  An attorney can also negotiate a fair settlement and take your case to court if necessary to obtain the compensation you deserve.

Conclusion: Protect Your Rights After a Rear-End Collision

Handling a rear-end collision alone can be overwhelming especially when you are injured and trying to focus on recovery.  However, knowing the proper steps can help protect your rights and help you recover the compensation you are legally entitled to. From seeking immediate medical care to documenting the accident and losses, to working with an experienced personal injury attorney, every action you take can affect the ultimate outcome of your case.

Why Choose The Hassell Law Group?

At The Hassell Law Group, we’ve represented countless Bay Area clients who have been victims of rear-end collisions. Our firm has a proven track record of securing major settlements and verdicts for clients injured in these accidents. With extensive knowledge of California’s personal injury laws and decades of successful trial experience, we know how to win cases and get your claim paid.

Here’s why clients choose The Hassell Law Group:

• Award-Winning Legal Representation: Our firm’s attorneys have received numerous awards for our outstanding legal representation and obtaining some of the largest financial case results in California.
• Experience in Complex Cases: Rear-end collisions can involve disputes over fault, and our attorneys are skilled in handling even the most complicated cases. Let our expertise act to your benefit.
• Personalized Attention: We understand the stress and personal and financial hardship that follow an accident. Our team is here for you and we will guide you with compassion and commitment.

We offer California Car Accident Victims a Free Consultation, and there are No Attorney’s Fees Unless We Recover Compensation for You.

At The Hassell Law Group, our legal team consists of experts in car accident law and personal injury law, with over 100 years of combined legal experience and experience matters. We stand up to aggressive insurance companies and have a history of obtaining award-winning results for our clients. We fight every step of the way to achieve the best possible outcome for our car accident clients. We work on a contingency fee basis, so there is no risk in hiring our law firm. We are not paid unless we recover compensation, and we are paid out of the compensation we recover for you.

Contact us today to schedule a free consultation and case evaluation. We welcome your questions, and our legal team looks forward to helping you obtain compensation for your personal injury claim.

The general information provided on this website should not be considered legal advice and does not constitute legal advice. For legal advice, you should consult directly with an attorney. If you contact us by telephone, email, letter, or contact form submission through this website, please note that such communication does not create or constitute an attorney-client relationship. We cannot act as your attorney until we are hired as your attorney by a formal written agreement.