Getting Rear-Ended While Stopped

Being in a car accident is always frightening, but getting rear-ended while stopped can be particularly shocking. If this happens to you, you may have many questions about what to do next.

A car accident lawyer will guide you through the process, ensuring you understand your rights and receive the compensation you deserve.

Common injuries after being rear-ended while stopped

Even though you’re not moving when you get rear-ended, you can still get hurt, and some common injuries include:

• Whiplash: This is the most common injury in rear-end accidents. It happens when your head snaps forward and then back really fast. It can hurt your neck and upper back.
• Back injuries: The impact can hurt your spine or the muscles in your back.
• Head injuries: If your head hits something in the car, you could get a concussion or other head injury.
• Facial injuries: You might hit your face on the steering wheel or dashboard.
• Wrist and arm injuries: If you’re holding the steering wheel, the force of the crash can hurt your wrists or arms.
• Knee injuries: Your knees might hit the dashboard or lower part of the car.
• Shoulder injuries: The seatbelt can cause bruising or other injuries to your shoulder.
• Psychological injuries: Even if you’re not physically hurt, you might feel scared or anxious about driving after the accident.

Some injuries might not show up right away. You might feel fine right after the accident but start hurting a day or two later. That’s why it’s a good idea to see a doctor even if you think you’re okay.

Who is at fault when rear-ended while stopped?

In most cases, the driver who hit you from behind is at fault when you’re rear-ended while stopped. Here are the reasons:

• All drivers are supposed to leave enough space between their car and the car in front of them to stop safely.
• If you’re stopped (like at a red light or in traffic), the other driver should have been able to stop too.
• The driver behind you is responsible for paying attention and stopping in time.

However, there are a few situations where you might be partly at fault:

• If your brake lights weren’t working, and the other driver couldn’t tell you were stopping.
• If you suddenly reversed your car for some reason.
• If you got a flat tire but didn’t pull over or turn on your hazard lights.

Even in these cases, the other driver might still be partly at fault for not paying attention or driving too close.

Some states use something called comparative negligence, which means that if you’re partly at fault, you might get less money in a lawsuit. But if you were just sitting there stopped and got hit, it’s usually pretty clear that the other driver is completely at fault.

What is the average payout for a rear-end collision?

The amount of money you might get after a rear-end collision can vary a lot. It depends on things like:

• How badly you’re hurt
• How much your medical bills are
• If you had to miss work because of your injuries
• If your injuries will affect you long-term
• How much damage was done to your car
• Which state you live in (some states have different rules about car accident lawsuits)

That said, here are some general ideas about payouts:

• For minor injuries (like whiplash that gets better in a few weeks), you might get between $2,500 and $10,000
• For more serious injuries that need longer treatment, you might get between $10,000 and $25,000.
• For very serious injuries that affect your life long-term, you could get $100,000 or more.

Your case could be worth more or less depending on the specific details.

The payout usually covers things like:

• Medical bills (both what you’ve already paid and future medical costs)
• Lost wages if you had to miss work
• Pain and suffering
• Property damage (like fixing or replacing your car)

If you’re thinking about suing or settling with the other driver’s insurance company, it’s a good idea to talk to a lawyer. They can help you figure out how much your case might be worth and make sure you don’t settle for less than you deserve.

Will my insurance rates go up if I am rear-ended?

In most cases, your insurance rates won’t increase if you were rear-ended while stopped. This is because you weren’t at fault, and the other driver’s insurance should cover the costs. Additionally, many insurance companies have accident forgiveness policies.

However, your rates might go up if you’ve had several accidents recently, if you live in a “no-fault” state, or if your insurance company raises rates for everyone in your area due to increased claims.

To protect yourself after being rear-ended, call the police and get a report, gather the other driver’s information, take pictures of the damage, get witness contact details, see a doctor, and report the accident to your insurance company without admitting fault.

Keep all medical bills and records of missed work.

More importantly, talk to a lawyer, especially if you’re seriously hurt or if the insurance company isn’t treating you fairly.

A car accident lawyer at Parnall Law Firm will help you navigate the aftermath and ensure you receive fair treatment and the compensation you deserve for your injuries or those of a loved one. Contact us at (505) 268-6500 or online for a free consultation.

Bertrand Russell Parnall

Owner/CEO at Parnall Law Firm

“Though my firm has grown quickly to fill the legal needs of our community, it has retained its focus on providing excellent service to clients. I believe what sets the firm apart from others is the way we treat our clients.”
Years of Experience: 25+ years
Justia Profile: Bert Parnall