Foyle Legal rear end car crash lawyer perth wa

A rear-end collision usually involves the driver of one car crashing into the back of another car. It is a common type of motor vehicle accident in Western Australia. Rear-end collisions usually occur due to high vehicle speed, reckless driving, distracted driving or tailing driver not paying attention to road conditions. If you suffer a personal injury from a rear-end crash and it’s not completely your fault, then you may have a personal injury claim. The claim can be made with the Insurance Commission of Western Australia (ICWA), the CTP insurance company operated by the government in Western Australia. Read on in this article about rear-end car accidents.

Are you always at fault in a rear-end collision?

No. The is not always the tailing driver’s fault in rear-end collisions. However, the driver of the car that hit the vehicle from behind will often be found to be liable but it will depend on the circumstances of the accident.

The position at law is that the drivers of motor vehicles have a duty of care to each other to take reasonable care to avoid exposing the other driver to hazards.

What happens after a rear-end collision?

After a rear-end crash, it is likely that there will be damage to both cars involved. The lead vehicle will normally have damage to the boot or trunk damage. The rear vehicle will ordinarily have damage to the bonnet area of the car.

It is important to take steps to report the accident to the police. If the police attend then that will help but you should also make a report on crashreport.com.au. The drivers should exchange their identifying details and the damage claim will normally be dealt with by the car damage insurers.

If you have suffered injuries as a result of a motor vehicle accident, you should seek medical attention or call emergency services if serious injuries occurred.

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Who is liable in a rear-end collision?

In most cases, a person who strikes another car from the rear in a car accident will be found to be at least partially at fault. This is because a person who is driving their car to the rear of another car often has more capacity to exercise control than the car in front. Some examples where a person who strikes another car from the rear will be found liable include:

  • The car in front is stationary, and the car to the rear drives into the car in front
  • The car in front slows down slowly, and the car to the rear drives their car into the car in front
  • The rear driver fails to appropriately apply his or her brakes in time to avoid hitting the lead driver.
  • The rear driver fails to maintain a safe following distance and collides with the rear of the front vehicle.

But there are other common scenarios where the person in front can be found partially negligent (i.e. contributory negligence) or totally negligent. These include:

  • The driver of the vehicle in front brakes suddenly and unexpectedly and there is an accident that occurs
  • The front driver takes erratic and unpredictable action like failing to stop at a red light
  • The lead vehicle drives aggressively and not in keeping with normal driving standards
  • The lead driver fails to use a turn signal when turning or changing lane and there is a rear-end collision
  • The lead driver is driving at a speed that is excessive in the circumstances or is driving too slowly. The speed limit may be relevant to this consideration
  • The lead driver engages in an abrupt lane change
  • Rear-end collisions occur due to the lead driver not driving appropriately having regard to the weather conditions
  • The accident occurred due to failure to merge appropriately
  • If the lead vehicle has broken down, then fail to pull over to the side of the road and engage the hazard lights on that vehicle. The rear driver presumes it is safe to proceed and a rear-end accident takes place
  • The lead driver reverses their vehicle into the rear driver’s vehicle
  • failing to appropriately maintain the vehicle (for example not maintaining working brake lights)

What should you check after a rear-end collision?

Rear-end accidents vary significantly. If the extent of the accident is mild to moderate you should first check your own condition for any injuries. Common injuries in a rear-end crash include arm and wrist injuries, knee injuries, whiplash neck injuries, spinal injuries, broken bones, head and brain injuries, muscle spasms, tendon damage and herniated discs.

If you are not injured then you should inspect the scene of the accident and take photos of the scene, your car and the other cars involved. You should then check details (such as name, address, email, registration and phone number) with the other drivers.

What is a rear-end on a car?

The rear-end of a car is the back of a car. Damage to the car following a rear-end car accident usually includes damage to the rear bumper, boot damage, damaged trunk and there can be hidden damage to the internal workings of the car.

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Where is the rear end?

The rear end of a car is a phrase that makes reference to the back of a car. Rear-end damage usually occurs where one driver (the back driver) collides with another driver (the front driver).

Can you drive a car with rear end damage?

It is common for people to drive their vehicle after a rear-end car accident, but it is important to know that there could be hidden damage to the motor vehicle. A good pragmatic approach would be to have the car towed and checked by an appropriately qualified mechanic prior to driving the vehicle.

A statutory write off is when the vehicle is too badly damaged to be repaired to a standard that is safe for road use.

The Road Traffic Code 2000 imposes restrictions on vehicle use which include:

  1. Rule 255 – A person must not drive a vehicle, in such a manner as to create or cause any undue or excessive noise, or smoke;
  2. Rule 263 – A person must not drive a vehicle unless he or she is in such a position behind the steering wheel that he or she has full control over the vehicle;
  3. Rule 263 – A person must not drive a vehicle unless he or she can obtain a full and uninterrupted view of the road and any traffic ahead and on each side of him or her.

It is important to take an approach that protects your safety.

What is considered a rear-end collision?

Rear-end collisions are a kind of rear-end accident where one car hits another car from behind. The rear vehicle is usually seen to be at fault though it will depend on all of the circumstances of the case.

What part is the rear end?

The rear end refers to the back of the car. Damage to the rear end of a car will usually include the bumper at the back of the car and the boot of the car.

Is it rear end or rear-ended?

When people say they have been rear-ended, they are saying they have had a rear-end accident.

Is the person who rear-ends always at fault?

The person who rear-ends another driver is not always at fault. For example, consider an accident involving multiple drivers. The two cars stop safely and a third driver collides with the rear of the second car, which pushes the second car into the rear of the first car. In this scenario, the whole collision occurred due to the negligence of the third driver even though the second vehicle collided with the back of the first vehicle.

Who pays in a rear-end collision?

Usually, the at-fault driver will pay in a rear-end collision. If the at-fault driver and his or her vehicle is insured, then usually their insurer will pay for any repairs arising from a collision or from multiple collisions.

If a person suffers injuries the have an accepted motor vehicle accident injury claim in WA, ICWA will pay for the medical bills, physical therapy, rehab expenses, loss of income and more during your recovery time.

How much does it cost to fix rear-end damage?

The cost of rear-end damage will depend on the type of vehicle involved and the extent of the damage. If the car is of an unusual model there is a risk that following the accident there might be a long wait to obtain the appropriate car part.

Injury compensation for car accident

When claiming injury compensation for rear-end crashes, you can typically claim medical and care expenses, economic losses, rehab expenses, as well as pain and suffering. A typical motor injury claim can take 6 months to 3 years to settle. During the injury claim process, there are often disputes between parties to the claim and it is best resolved by lawyers. At the settlement of the claim, injured people often receive a lump sum payout, and personal injury settlement is tax-free.

The legal team at Foyle Legal can help you to get the most out of a car accident involving a rear-end collision. In Australia, a car accident attorney is generally referred to as a car accident lawyer. The process of claiming motor injury compensation can be complex especially when contributory negligence is involved. If you are seeking a personal injury lawyer to assist your motor injury claim, contact Foyle Legal on 0408 727 343 for your obligation-free initial consultation to find out where you stand. The legal team at Foyle Legal provides no win no fee legal representation in respect of rear-end collisions and rear-end accidents.