Your car just got rear-ended in a car accident. Now you’re wondering if you have whiplash, and who’s going to pay to fix your car. When you hire an experienced Scottsdale rear-end accident lawyer to help you file your injury claim, you won’t have to deal with the insurance company, and you will have an advocate on your side to protect your rights.
At Mushkatel, Gobbato, & Kile, P.L.L.C., we have over 50 years of experience helping clients pursue full and fair compensation after suffering injuries due to others’ negligence. As one former client shares about their experience of working with our legal team:
“Attorney Zachary Mushkatel is a very driven, passionate person. His commitment to you as a client and your case is evident from the moment you walk in the door. I highly recommend him as an attorney. He was very reassuring during my case, and really helped me understand all my options.”
– Jesus J.
To learn more about our law office and discuss how we can help you after your rear-end accident, call or contact us online today.
What Are Common Causes of Rear-End Crashes in Scottsdale?
Scottsdale rear-end crashes are usually the result of driver error. The most common causes of rear-end accidents in Arizona include the following:
- Distracted driving
- Impaired driving
- Fatigued driving
- Tailgating
- Speeding
- Slippery roadway
- Defective brakes
- Failure to notice stopped traffic
- The front driver’s brake lights are faulty
What Are the Most Frequent Injuries in Rear-End Car Crashes?
Rear-end car crashes often result in whiplash injury claims in Scottsdale. However, whiplash isn’t the only type of injury people can suffer in these collisions. Our car accident lawyers have helped clients who suffered the following injuries in rear-end crashes:
- Whiplash
- Brain Injuries
- Herniated discs and spinal injuries
- Broken bones
- Facial and dental injuries
- Shoulder, elbow, or wrist strains/sprains
- Knee injuries
Is the Rear Driver Always Presumed to Be at Fault?
Generally, the rear driver is presumed to be at fault unless they can prove that the lead driver’s negligence contributed to the accident in some way. Aside from this presumption, there are no specific Arizona fault rules for rear-end crashes. In multi-car crashes, each rear driver may be considered to be at fault unless they can present evidence to the contrary.
What Should You Do If You Are Involved in a Scottsdale Rear-End Crash?
Under Arizona law, the driver of any vehicle involved in an accident that results in injury or death must notify the local police department, county sheriff, or highway patrol as soon as possible.
After you report the accident and contact emergency services, take these steps to protect your health and your right to pursue compensation through a rear-end accident lawsuit or insurance claim:
- Get medical treatment right away. Obey the doctor’s recommendations and attend all follow-up appointments.
- At the scene, if you’re able, take pictures of the vehicles, your injuries, the road conditions, and anything else that will help document the accident.
- Get contact information from the other driver and from any witnesses. Ask the witnesses if they would be willing to give statements about what they saw.
- Write down everything you can remember about the accident as soon as you can.
- Don’t provide recorded statements to any insurance personnel without first speaking to a lawyer.
- Stay off social media until your claim is resolved.
- Consult a Scottsdale rear-end accident attorney as early as possible to learn about your rights and options and receive a clear and frank assessment of your case.
Do Rear-End Accidents Happen in Certain Areas of Scottsdale More Than Others?
Major intersections, such as Scottsdale Road and Shea Boulevard or Hayden Road and Thomas Road, are prone to rear-end crashes due to the high volume of traffic that passes through them. The intersection of Frank Lloyd Wright Boulevard and Scottsdale Road is another hot spot for rear-end collisions, especially during the morning and evening rush hours. According to the Arizona Department of Transportation’s Crash Facts, in a recent year, 38.35 percent of injury crashes statewide were rear-end collisions.
What Evidence Helps to Prove Fault in Rear-End Accident Claims?
You must support a rear-end accident claim with solid evidence. In many cases, the following are sources of evidence that help to establish liability:
- Police reports
- Photos and videos
- Witness statements
- Expert testimony from accident reconstructionists
- Vehicle inspection reports
What Damages Can You Seek in a Scottsdale Rear-End Accident Case?
In a rear-end accident case in Arizona, you can pursue compensation from the party that injured you through an insurance claim or personal injury lawsuit. In either case, you can seek money for the physical, emotional, and financial harm you suffered because of the accident.
Economic damages are compensation for specific financial costs, such as medical bills, future physical therapy, lost wages, and property repair or replacement. Non-economic damages are compensation for the personal, intangible costs of the accident. These damages cover your pain and suffering, loss of consortium, and diminished quality of life.
Can You Recover Compensation If You Are Partly to Blame for a Scottsdale Rear-End Crash?
Under Arizona’s pure comparative negligence rule, you can still recover compensation after a rear-end crash even if you share some fault for it. However, the rule requires your compensation to be reduced in proportion to your share of fault. For example, if you were 20 percent at fault for the accident, your compensation would be reduced by 20 percent.
What Happens If the Other Driver Does Not Have Insurance?
To register your vehicle in Arizona, you must have auto insurance. However, not everyone obeys this law. If you purchased the optional uninsured motorist (UM) coverage that the insurance company offered when you bought your auto insurance policy, you can file an uninsured motorist claim and use that coverage to pay for your accident-related medical expenses and lost wages.
Alternatively, you can sue the uninsured driver directly for your accident-related costs. However, the driver’s personal assets may not fully cover your losses, either, if the driver lacked liability coverage because they didn’t have the money to pay for it.
How Long Do You Have to File a Scottsdale Rear-End Crash Accident Lawsuit in Arizona?
Arizona’s statute of limitations for car accident claims gives you two years from the date of the accident to file a lawsuit against the at-fault driver to pursue the compensation you need. If you wait to file your claim until the deadline passes, the court can dismiss your case without hearing it, and you will lose your chance to seek compensation through the courts.
Contact a Scottsdale Rear-End Car Accident Lawyer
When you’ve been hurt in a rear-end car accident caused by someone else, you deserve to have a Scottsdale car accident attorney from Mushkatel, Gobbato, & Kile, P.L.L.C., to represent you. We have been fighting for compensation for injured individuals and their families for decades, and we’d like to help you, too.
Contact our Scottsdale law office today to learn more about how we can help you to pursue full and fair compensation after a rear-end collision.
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