Lafayette Rear-End Collision Lawyer

Your Rights in a Rear-End Collision

If you have been in a rear-end collision caused by an inattentive or careless driver, you may be suffering from injuries that require ongoing medical care. Fortunately, you have the right to pursue damages against the at-fault driver to cover your healthcare and other costs. However, proving and winning your claim is not always easy or straightforward. That’s where a Lafayette rear-end collision lawyer can step in.

The attorneys at the Law Offices of Richard R. Kennedy in Lafayette, LA, have represented car accident victims for over five decades and can put their skills to work for you. Our firm works on a contingency basis, so victims of rear-end collisions can focus exclusively on their recovery until the case is won or a settlement is obtained.

Common Causes of Rear End Collisions

In 2023, 2.44 million Americans were injured in car accidents. Over 40,000 of those injuries resulted in deaths, and the average cost of non-lethal accidents was around $162,000.

Like many vehicular accidents, rear-end collisions are often caused by negligent drivers distracted by smartphones, conversations with a passenger, or reaching to grab something from another part of the car. Any action that draws a driver’s attention away from the road can potentially be classified as distracted driving. Other types of negligence that frequently contribute to rear-end crashes include:

1. Drunk driving
2. Speeding
3. Aggressive driving
4. Tailgating and unsafe following distances
5. Sudden braking or brake failure
6. Adverse weather conditions, like rain or fog
7. Fatigue or drowsy driving
8. Vehicle defects, including malfunctioning lights or brakes

By examining the full context of the accident, a Lafayette rear-end collision attorney from the Law Offices of Richard R. Kennedy can identify all liable parties and strengthen your rear-end collision case.

State law assumes fault on the part of the driver of the vehicle that rear-ended the vehicle in front of it… Louisiana law does allow for exceptions that clear the rearmost driver of fault.

Rear-End Collisions & Louisiana State Law

State law typically assumes fault on the part of the driver of the vehicle that rear-ended the vehicle in front of it. This is based on Louisiana Revised Statute 32:81, which expects a driver to maintain a reasonable distance from any vehicle before them, taking into account speed and traffic patterns.

However, Louisiana law does allow for exceptions that clear the rearmost driver of fault. In such instances, said driver will need to prove they had control of their vehicle, were driving at a safe distance, and were closely observing the vehicle in front of them. Specific circumstances that may exonerate the driver include when the car ahead:

• Suddenly reversed without warning
• Stopped abruptly for no reason
• Failed to use turn signals or hazard lights
• Drove with broken or malfunctioning brake lights
• Unsafely merged into traffic or cut off another vehicle
• Was distracted, impaired, or otherwise negligent

Louisiana’s rear-end collision laws also recognize that different parties can share in the responsibility for the accident, including the victim. Under the state’s comparative negligence rule, each party’s fault is assigned a percentage. Later, when damages are awarded, your compensation is then reduced by the percentage of fault assigned to you.

While this rule allows injured drivers to recover damages even if they share some blame, insurance companies often use it to try to reduce payouts.

However, if you miss the window set forth by the statute of limitations, you won’t be able to pursue any form of compensation. In Louisiana, you generally have two years from the date of your accident to file a personal injury claim.

That’s why it’s so important to hire an experienced Lafayette rear-end collision attorney. The Law Offices of Richard R. Kennedy can challenge any unfair attempts to shift blame onto you. We can also make sure that liability is properly established through credible evidence and ensure that all deadlines are met.

Injuries Associated With Rear-End Collisions

As in most car accidents, whiplash is one of the most common injuries in a rear-end collision, especially if a vehicle is struck when not in motion. When the vehicle is slammed into from behind, it jolts forward and causes the passengers’ heads to quickly hyperextend backwards and forwards. This sudden movement strains the soft tissues in the neck. Whiplash symptoms include neck and back stiffness, headaches, and other symptoms you might not expect, such as confusion, sleep disorders, and dizziness.

Other common injuries include:

• Chest injuries from safety belts
• Broken bones
• Head injuries
• Traumatic Brain Injury (TBI)
• Spinal cord injuries

Regardless of the circumstances surrounding the injury, the long-term effects can be catastrophic and sometimes deadly. Finding an attorney who can strongly represent your case is often an essential part of getting the financial support you need to recover from such an accident.

Damages Available in Rear-End Collision Cases

When you’re injured in a rear-end crash, compensation is meant to help you recover both physically and financially. Damages are typically divided into two main categories: economic and non-economic.

Economic damages cover the tangible losses you’ve suffered that can be tallied with receipts, invoices, and pay stubs. Non-economic damages address the personal and emotional impact of your injuries that are difficult to quantify. Because of this, some kinds of compensation you could be entitled to include:

• Current and future medical expenses
• Lost wages and reduced earning capacity
• Physical therapy and long-term rehabilitation
• Costs of vehicle repairs or replacement
• Pain, suffering, and emotional distress
• Permanent disability or disfigurement
• Loss of companionship or consortium
• Funeral and burial expenses in wrongful death cases

At the Law Offices of Richard R. Kennedy, we’re committed to holding negligent drivers accountable and pursuing every form of compensation available to you under Louisiana law. Our goal is to help you rebuild your life so you can move forward with confidence.

Wrongful Death in Rear-End Collisions

If a loved one died as a result of another driver’s negligence, surviving family members can file a wrongful death claim. Louisiana law allows spouses, children, or parents to seek compensation for loss of companionship, emotional trauma, and future financial contributions. However, these claims are subject to a shorter statute of limitations of just one year, which makes it important to act quickly.

Evidence That Strengthens Your Case

Building a strong claim requires collecting strong evidence. Our team can carefully gather and analyze all available evidence, which could include:

• Police accident reports
• Eyewitness statements
• Photos and video footage of the crash
• Vehicle black box data and phone records
• Expert reconstruction testimony
• Medical records documenting your injuries

Our dedicated Lafayette rear-end collision attorneys can use this evidence to establish liability, connect your injuries to the accident, and accurately calculate your damages.

Hire a Rear-End Collision Lawyer

At the Law Offices of Richard R. Kennedy, we have a proven record of securing just compensation for their clients. Find out what our attorneys can do for you by coming in for a free case evaluation. Call us today at (337) 232-1934.

Case Process Roadmap

At the Law Offices of Richard R. Kennedy, we handle every step of your rear-end collision claim with precision and care. This includes:

• Investigation. We gather evidence and identify liable parties.
• Filing the claim. We submit your case to the at-fault driver’s insurer.
• Negotiation. We pursue fair settlements backed by documented damages.
• Litigation. We take your case to court if the insurer refuses to fairly compensate you.
• Resolution. We recover the maximum possible award for your losses.

This systematic approach allows our firm to handle even the most complicated rear-end collision cases.

We Fight to Win Fair Compensation

Legal deadlines, medical bills, lost wages, and the pain that lingers after an accident can build up and feel overwhelming. The Law Offices of Richard R. Kennedy in Lafayette, Louisiana, offer the peace of mind that comes with knowing you have diligent, committed car accident attorneys on your side.

Our injury lawyers, Richard R. Kennedy and Richard R. Kennedy III are personally committed to success in every case they take. They have won millions on behalf of injured clients.

If you’re interested in learning more about how our noted car accident attorneys can help you, contact our law firm either by leaving a message online or calling: (337) 232-1934