Tulsa Rear-End Accident Lawyers
If you were injured in a rear-end collision in Tulsa, you might be entitled to compensation for your injuries, medical bills, lost wages, and more. As you recover from your injuries, the attorneys at Edwards & Patterson Law are here to help you secure the compensation you deserve and achieve financial peace of mind. Contact our law firm today for a free initial consultation with a Tulsa rear-end collision lawyer.
What Are the Top Causes of Rear-End Collisions in Tulsa?
Car accidents happen. However, most rear-end collisions are caused by some form of driver error. These include:
- Tailgating
- Speeding
- Distracted driving
- Drowsy driving
- Driving while intoxicated
To avoid rear-end collisions, all drivers should make sure there is plenty of space between their vehicle and the traffic ahead. Leave yourself enough room to comfortably adjust your speed if the motor vehicle in front suddenly slows down or stops. If weather conditions or other factors make slowing down or stopping more difficult, drivers should adjust their speed and the following distance accordingly.
Is The Driver in the Back Always Presumed to Be at Fault?
In Oklahoma, the driver in the rear is generally presumed to be at fault and has the burden of proving otherwise. Of course, sometimes the driver in front is also at fault. Examples of situations in which the driver in front may be at fault include:
- Defective signal lights – Defective taillights, turn signals, or brake lights make vehicles difficult to see in the dark. For example, other drivers may not be able to see that a vehicle is slowing down, turning, or stopping if its lights are not functioning correctly.
- Distracted driving – A distracted driver in front of your vehicle may suddenly slam on their brakes, for example, when they realize traffic is slowed or stopped ahead of them. Though vehicles behind the distracted driver should maintain a proper following distance, an abrupt stop can make it difficult — if not impossible — to avoid an accident.
- Aggressive driving – Many drivers in a rush to arrive at their destination fail to take appropriate caution on the road. For example, if an aggressive driver cuts too close in front of another motor vehicle, the driver behind them may be unable to slow down or stop in time to avoid a collision.
- Multi-vehicle accident – Also known as a pile-up or chain-reaction crash, multi-vehicle accidents happen when a car stopped in traffic is hit from behind. As a result, it is pushed into one or more vehicles in front. In most cases, the driver responsible for the initial impact is liable for all resulting injuries.
How Does Comparative Negligence Apply in a Rear-End Accident Case?
Oklahoma employs a concept known as modified comparative negligence. Under this system, accident victims may recover compensation even if they were partially at fault for an accident. However, their compensation is reduced proportionately to the fault they bear for the accident. Further, they recover nothing if they are more than 50 percent at fault.
Illustration – Imagine that Driver A is speeding. Meanwhile, Driver B is positioned too closely behind Driver A. When Driver A finally notices they are going too fast, they start to slow down without checking who is behind them. As a result, Driver A is rear-ended by Driver B, causing $100,000 in damages. Driver B sues.
Explanation – Driver A should not have been speeding. However, Driver B should have followed at a safer distance. If a jury finds that Driver B’s failure to follow at a safe distance contributed 40 percent to the accident, their recoverable compensation is reduced to $60,000. However, if they are found to be 50 percent or more at fault, they recover nothing.
Many factors go into determining each driver’s degree of fault. The car accident lawyers at Edwards & Patterson Law are ready to evaluate your case and argue on your behalf.
What Are Some Common Injuries from a Rear-End Accident?
One of the most common injuries suffered in rear-end accidents is whiplash. This kind of injury occurs when the sudden force of a collision causes the head and neck to “whip” back and forth. This trauma can lead to short- and long-term damage to muscles, tendons, and even the spine. Like any car accident, read-end accidents may lead to many other injuries as well. These include:
- Spinal cord injuries, including paralysis
- Concussions and other brain injuries
- Internal bleeding
- Loss of limbs
- Broken and fractured bones
- Cuts and abrasions
- Scars and disfiguration
- Sprains, strains, and bruises
What To Do After a Rear-End Collision?
The moments immediately following a rear-end motor vehicle accident range from merely frustrating to extremely traumatic. Of course, your first steps should be to get help from authorities like the police and seek medical attention as needed. Once under control, the scene of the accident is also an ideal place to begin collecting information and evidence for your case. You should collect the following as soon as possible:
- Contact information of any other drivers involved in the accident, as well as their insurance information
- Contact information of any witnesses
- Photographs and videos of the scene, including details like adverse weather conditions and evidence of intoxicated driving
The days and weeks following the accident are just as important. During that time, you should:
- Continue medical care treatment – In addition to treating your injuries, your doctors will also create an extensive medical care treatment record. This documentation will provide essential evidence for your case.
- Avoid making public statements about the accident – Any publicly shared information can be used as evidence against you. Therefore, avoid unnecessarily discussing the accident on social media and other platforms.
- Be cautious when interacting with insurance companies – Any information you share with an insurance company could also be used against you. Therefore, avoid making recorded statements. Do not admit fault to an insurance company before speaking with an attorney.
- Consult with an attorney – A skilled lawyer can help you navigate the process of filing a claim and negotiating with an insurance company. You may be tempted to accept an insurance company’s first settlement offer, but do not be lured into accepting less than you deserve. Sadly, insurance companies put their own bottom line ahead of giving you the full compensation you are entitled to. An attorney can make sure that you are not taken advantage of.
Do I Have a Time Limit for Filing an Injury Lawsuit for a Rear-End Collision?
Yes. In Oklahoma, a case seeking compensation from an at-fault party must be filed within two years from the date of the accident. This may seem like a lot of time. However, it is best to start preparing your case as soon as possible. Among other important advantages, a head start allows your attorney to begin gathering evidence while it is still fresh.
Contact Our Tulsa Rear-End Collision Lawyers Today
Securing compensation after a rear-end accident can be highly stressful and time-consuming. At the law firm of Edwards & Patterson Law, our injury lawyers are here to help. While you recover from your injuries, we will focus on strategizing your path toward maximum compensation. Contact us today for a free consultation with an experienced Tulsa rear-end collision lawyer. Contact our Tulsa personal injury attorney today.