Rear end traffic accidents have been recognised as one of the main reasons for personal injury claims in Ireland and, due to possibility of false rear end whiplash compensation claims, insurance companies more frequently investigate the circumstances of rear end accident claims made against their policyholders, and are becoming less willing to admit their client’s liability for injuries suffered in rear end traffic accidents.
Despite the high number of compensation claims for rear end traffic accidents, no two cases are identical– even when the injuries suffered are similar – and, although the advice provided here should be followed after any injury has been suffered in a rear end accident, it is wise to discuss the circumstances of your accident with an experienced solicitor.
Causes of Rear End Traffic Accidents
Most rear end collisions could have been avoided and are due to driver mistakes. Some of the causes of rear end traffic accidents include:
- A lack of awareness on behalf of the driver, possibly due to tiredness due to driving long distances without breaks or being at work for long hours
- Negligent driving, such as driving while drunk of after using drugs
- Moving dangers on the road, such as wildlife or people walking
- Fixed hazards along on the road, such as construction sites or road works
- Inclement weather conditions, especially fog or torrential rain
- Wet and slippery roads, especially on uneven surfaces
- Ice and frost on roads, particularly black ice
- Other distractions including mobile phones
- Faults in car components, such as damaged brakes in the following car or malfunctioning brake lights in the leading car
- Sudden braking by the leading car, perhaps due to wildlife or people on the road
- Improper signalling by the front before braking
- Front car in the accident is stopped on the road without hazard warning lights, perhaps due to the breakdown
However, the most frequent reasons for rear end car crashes is that the rear car was not maintaining a safe distance, was travelling too quickly for the road conditions or the driver of the rear-ending vehicle was distracted or paying inadequate attention to the road.
Establishing Fault in Rear End Traffic Collisions
Unless established otherwise, the law and insurance companies normally assume that the rear-ending driver is to blame. This default assumption does not take into account the many extenuating circumstances that explain why the leading car may be fully or partially at fault – such as if the car´s brake lights are broken – and, as stated above, insurance companies are now less willing to automatically accept liability in rear end traffic accident claims.
Therefore, even if liability was accepted by the negligent driver at the scene of the collision, you should have still called the Gardai and an ambulance if you or a passenger in your car suffered an injury from the rear end accident. If the Gardai did not attend the scene of the accident because it was not thought to be sufficiently serious, you should report the details of your rear end traffic collision at a nearby Garda station at the earliest possible opportunity.
Although filing a report of your rear end traffic collision to the Gardai does not establish the liability of the negligent driver, the logged details of your call to the Gardai and your accident report will be evidence that your accident happened should the driver responsible for your injuries – or their insurance company – refute your claim for rear end traffic accident compensation.
Rear End Traffic Collision Injuries
Rear end traffic crashes can inflict severe injuries on the spinal cord, fractures, concussion, and some types of traumatic brain injury. However, the most common injury reported is whiplash. It is perfectly common for whiplash symptoms not to appear for several days following an accident, but you should never wait until the symptoms of an injury surface before seeking professional medical attention.
Should you delay seeking professions medical attention for several days – or sometimes even longer – the insurance company of the negligent driver may claim that your delay exacerbated your injury. Although this will not prevent you from making rear end traffic accident claims, the amount of compensation for a rear end accident you receive may be lowered to reflect your own lack of care.
Claiming Injury Compensation for a Rear End Traffic Accident
A compensation claim for rear end traffic accident first has to be assessed by the Injuries Board Ireland. The Injuries Board process does not establish blame for rear end traffic accidents, so if the negligent driver´s insurance company believes that they need to look into your claim further, permission for the Injuries Board to assess your claim will be withheld until such time as the insurance company has no misgivings in relation to its validity.
Once permission is given for the assessment to go ahead, the Injuries Board will calculate how much compensation for a rear end accident you are eligible to receive based on the details provided by your doctor and – possibly – a further medical examination to assess how your rehabilitation from your injuries is progressing. Rear end whiplash compensation claims are more likely to need a secondary medical examination as a result of the unpredictable nature of soft tissue injuries.
Injury Compensation for Rear End Traffic Accidents
The amount of compensation for rear end traffic accidents you are entitled to depends on the extent of your injuries, the length of time you may be incapacitated during your recovery and any financial expenses that have fallen on you as a result of the rear end collision. The physical injuries you have suffered are assessed according to the Book of Quantum – a publication which allocates a financial value to an extensive list of possible injuries sustained in rear end traffic accidents – while any financial expenses or loss of earnings is calculated according to receipts and payslips given to the Injuries Board at the time you make your application for assessment.
One key element in a claim for rear end traffic accident compensation which is frequently overlooked is the “loss of amenity” of the victim. The term “loss of amenity” refers to the impact that your injuries inflict on your quality of life, your ability to perform everyday activities and participate in your regular leisure and social pursuits. There is restricted space available on the Injuries Board assessment form to account for your loss of amenity and it is in your best interests to have a solicitor look over your application for assessment to ensure that this important element of your claim for a rear end traffic accident is properly presented.
Passengers in Rear End Traffic Collisions
Passengers in rear end traffic collisions are also entitled to claim personal injury compensation for rear end traffic accidents – even if they were a passenger in the vehicle driven by the person at fault for causing the collision. Passengers in rear end traffic accidents often suffer more severe injuries as they do not always have the split second to brace before the crash that a driver has when becoming aware of a car approaching from behind in the rear view mirror.
Female passengers and children are also at risk of more severe soft tissue injuries – especially in rear end whiplash compensation claims – due to their weaker neck muscles. Rear end traffic accident claims for children have to be filed by a parent or guardian acting on the child´s behalf and must have approval from court before a child´s claim for a rear end traffic accident may be resolved. Your solicitor can give you more details about making rear end traffic accident claims for children.
Insurance Companies and Rear End Traffic Accident Claims
It was stated previously on this page that insurance companies are investigating more rear end traffic accident claims made against their clients and contesting them whenever necessary. However, due to these investigations you may be approached directly by an insurance company soon after the insurance company has been made aware of your injury – particularly when their investigations show their policyholder was clearly negligent – with an offer of compensation for rear end traffic accidents.
These approaches should always be referred to an experienced solicitor as, although the chance of a quick settlement may be tempting – the offer will rarely match your full entitlement to rear end traffic accident compensation. It is perhaps wise to ask yourself ‘Why would the insurance company wish to settle the claim at this early stage?’ The common sense response that comes to mind is that it is not done out of kindness or generosity but in order to save financially. The negligent driver’s insurance company will normally be responsible for the paying the compensation and both sets of legal expenses, so it should cost you nothing to obtain rear end accident claims advice from a solicitor before agreeing to an offer which you may later regret.
Rear End Accident Claims Advice
Most solicitors will offer rear end accident claims advice free of charge during an initial discussion. This consultation will be used to decide whether you have a compensation claim for a rear end traffic accident which is worth your while to pursue and then to guide you on the best way to account for your injuries and their implications for you on the Injuries Board´s application for assessment.
In a number of cases – where the symptoms of your injuries have not yet fully come to light or where further reports are needed to ascertain your right to compensation for a rear end traffic accident – it may not be possible to submit rear end traffic accident claims quickly, but you should still speak with a solicitor as soon as possible.
Summary
- Rear end traffic accidents make up almost one third of traffic accident injuries in Ireland, particularly whiplash and soft tissue injury
- Causes of rear end collisions are normally due to drivers not leaving sufficient braking distance between them and the car ahead of them
- Inattentive drivers and inclement conditions are also to blame for many rear end traffic collisions
- After any traffic accident, make sure you seek professional medical attention and have an examination to diagnose any injuries
- It is in your best interests to have your application for assessment reviewed by a solicitor prior to sending it to the Injuries Board Ireland
- Rear end traffic accident claims for children should be submitted to the Injuries Board by a parent or guardian acting on the child´s behalf
- Always seek rear end accident claims advice from a solicitor if you are approached by an insurance company with an unsolicited offer of compensation for a rear end traffic accident