Do I Need a Lawyer if I Was Rear-Ended?

Rear-end accidents are fairly common. When these incidents occur, we regularly discover that the rear driver is at fault for the incident. However, that does not mean that a rear-end accident claim will be straightforward. If you or somebody you care about has sustained an injury in a rear-end accident caused by another driver, you should still speak to a skilled personal injury lawyer who can help you with every aspect of your claim. Here, we want to review why an attorney may still be necessary even for a supposed clear-cut rear-end accident claim.

Should You Handle the Claim on Your Own?

Most people tend to think of rear-end collisions as relatively minor incidents. However, that is not always the case. Sure, there are times when fender benders result in only minor property damage and no injuries. In those cases, it may certainly be acceptable for you to handle the claim on your own.

However, rear-end collisions often result in more property damage than most people realize. Additionally, these incidents can lead to major injuries that leave crash victims with extensive medical bills and lost wages. For anything more than a very minor rear-end collision, we strongly encourage crash victims to contact a Kentucky vehicle accident lawyer to help them with their claim.

Why You May Need an Attorney

There are various reasons why you may need an attorney to help you with a rear-end collision case. Even though Kentucky is considered a no-fault state when it comes to vehicle accidents, this is not a traditional no-fault state. Drivers in Kentucky have the ability to opt out of the no-fault system and go with a traditional fault-based insurance process.

If you have opted out of the no-fault system, it will be important to determine liability for what happened. This can be challenging, but an attorney can use their resources to conduct a complete investigation into the claim to uncover the evidence needed to prove liability. You need to seriously consider working with an attorney if the other driver has blamed you for the incident in any way. Even though rear-end collisions may seem straightforward, there can be shared fault. Unfortunately, allegations of shared fault can significantly reduce how much compensation a person receives.

Kentucky operates under a “pure comparative negligence” system. This means that individuals can recover compensation even if they are up to 99% at fault for a vehicle accident (if they have opted out of the no-fault system). However, the total amount of compensation they receive will be reduced based on their percentage of fault. If another party blames you for a rear-end collision, the more fault they can shift your way, the less their insurance carrier will have to pay and the less you will receive. A car accident attorney can work diligently to push back against allegations of fault so that you can recover more compensation for your losses.

It is important to point out that rear-end accident injuries are often worse than they seem. In fact, the signs and symptoms of some injuries do not appear until hours or even days after a rear-end collision occurs. An attorney can help you prove the injuries that you have sustained as a result of a rear-end collision by ensuring that you are evaluated by trusted medical professionals.