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Rear-end car accidents can be both physically debilitating and emotionally traumatizing, not to mention financially devastating to the people involved. Luckily, when you are injured in these wrecks, you have the option of pursuing compensation from the negligent person who caused the accident.
If you can prove someone else caused the wreck, you may be able to make them pay for all the losses you have already sustained due to their negligence and the losses your injuries will likely cause you in the future. One of our knowledgeable car accident attorneys could help you navigate the litigation process to get you the most compensation possible.
Every driver has a “duty of care” to act lawfully and responsibly behind the wheel. Anyone who “breaches” that duty and causes a crash may be financially liable for any injuries and ensuing “damages” they cause. Anything from an overt violation of traffic law to a momentary lapse in concentration could potentially count as legally actionable “negligence” if it directly leads to someone rear-ending another car.
However, while the rearmost driver is usually at fault for rear-end car crashes, Burbank courts will not just assume that is the case in every situation. Suppose a court finds that the frontmost driver swerved out in front of oncoming traffic, slammed on their brakes unreasonably, or did anything else “negligent” to cause their own injuries. That court may assign a percentage of “comparative fault” to them and proportionally reduce their available compensation based on that percentage.
Another possible legal obstacle worth mentioning in the context of lawsuits over Burbank rear-end auto wrecks is the “statute of limitations.” These are state deadlines on how long the injured person has to file a lawsuit against the person they believe to be responsible for their injuries. These statutes help ensure important evidence is still available and prospective “defendants” do not have the threat of litigation looming over them indefinitely. Failing to file suit within that deadline will almost always lead to the injured person’s case being thrown out of court.
For most auto accidents, the deadline set by the statute of limitations is two years after the date on which the wreck first occurred. However, there may be exceptions to this rule under specific circumstances, which a seasoned legal professional could explain in more detail if applicable.
While rear-end wrecks are not quite as consistently dangerous as some other types of traffic collisions, they still can and very often do cause serious injuries to people who did nothing to deserve them. They can also be tricky to file suit over and obtain fair financial recovery, even if it seems obvious to you that another person is 100 percent to blame for hitting your car and injuring you.
Fortunately, guidance from capable legal counsel can help streamline the legal process and boost your chances of getting the final case result you want after a rear-end car accident in Burbank. Learn more by calling today.
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