Rear-End Accidents
Many drivers will be involved in a rear-end collision at some point. Although they sometimes do not cause severe property damage, a rear-end accident can lead to debilitating injuries even at low speeds.
The local car crash attorneys at Parke Gordon Law often represent the victims of rear-end car accidents in Boise. Contact our office right away to preserve your legal rights and get help obtaining the maximum compensation you deserve.
Understand the Legal Deadlines
The statute of limitations sets the timeframes for taking legal action. Idaho Code § 5-219 requires anyone bringing a claim for personal injuries to file the lawsuit no later than two years from the date of the injury.
The timeframe is even shorter if a government agency bears responsibility for the crash. A unit of government could be liable if road markings or road conditions caused the accident, if the other driver was a public employee on the clock, or if the other involved vehicle was owned or operated by a government agency. You must file a notice of claim against the proper government entity within 180 days of the accident or you lose the right to sue.
Consult a Boise attorney soon after the rear-end crash to preserve your right to bring a lawsuit. In addition, engaging a legal team early in the process allows us access to evidence and witnesses with fresh memories, which strengthens your case. It also relieves you of potential stressors, because insurance companies and other interested parties must communicate through your lawyer, rather than contacting you directly.
Is the Rear Driver Always At Fault?
In a rear-end accident, one vehicle smashes into the back end of another. These accidents often happen at intersections or when traffic suddenly slows. In those cases, the rear driver is usually at fault for following too closely or driving too fast to stop in time to avoid a collision.
However, there are situations when the driver of the forward vehicle or another party could be liable. If the forward car stopped suddenly without warning, the driver might be responsible for a rear-end collision. If a mechanical failure of some kind set up the scenario that caused the accident, the vehicle manufacturer could be liable.
Our Boise attorneys investigate every rear-end accident case to find evidence of fault. Sometimes both drivers contributed to the accident. If you were partially responsible, Idaho Code § 6-801 allows you to collect damages from other negligent parties as long as your portion of the blame is 49 percent or less.