Most people underestimate rear-end collisions. Because they’re so common, many drivers assume that a rear-end accident is a minor event without serious, long-lasting consequences. However, that’s far from true. Even when they seem minor, a collision can leave drivers with unexpected injuries that interfere with their work and daily routines. In these situations, drivers face urgent questions about their rights to compensation, such as:
- What is the average payout for a rear-end collision?
- How long does it take to settle a rear-end accident in New Jersey?
- What forms of compensation are available?
This blog post will address drivers’ questions about their payout for a rear-end accident in New Jersey.
What Is the Average Settlement for a Rear-End Accident?
Unfortunately, there’s no real average for payouts for rear-end accidents. Although they may seem straightforward, each rear-end incident is unique. Each case involves a different set of circumstances, including:
- Types of vehicles involved,
- Speed of the collision,
- Angle of impact,
- Effectiveness of available safety features, and
- Age of drivers and passengers.
Depending on these unique features, rear-end cases can involve a wide range of physical and financial damage, all of which can lead to different outcomes in a potential settlement.
So, What is the average payout for a rear-end collision? This is a difficult question to answer. Instead, it may be better for drivers to ask, How much is my specific rear-end collision worth?
Ultimately, the best way to get an accurate answer is to speak to a New Jersey accident lawyer. The attorneys at Glugeth & Pierguidi, P.C. have extensive experience evaluating rear-end and other motor vehicle collisions. We can analyze the key factors that could impact the damages in your rear-end case and help you navigate the process of recovering compensation.
What Factors Impact the Typical Settlement for a Rear-End Collision?
Understanding what elements influence a potential settlement is crucial for ensuring you’re compensated fairly after an accident. Let’s walk through some critical factors that can impact your payout.
Extent of Injury
Injuries are typically the starting point for estimating a rear-end settlement. Rear-end accidents can cause a variety of injuries that can range from minor to life-altering, including:
- Whiplash,
- Internal bleeding,
- Bruised organs,
- Cuts and lacerations to the face,
- Herniated discs,
- Muscle strains in the back and neck,
- Bone fractures,
- Concussion and traumatic brain injuries, and
- Paralyzing spinal damage.
Treatment for less severe injuries is generally short-term. It often involves chiropractic care, physical therapy, rest, and over-the-counter pain relievers.
However, the impact of a rear-end accident may demand more serious and long-term medical care that can keep victims hospitalized for days or weeks. Victims of rear-end accidents may require:
- Spinal surgery,
- Regular steroid injections,
- Long-term physical rehabilitation,
- Occupational therapy,
- Prescription medication for chronic pain,
- Cognitive therapy for brain trauma, and
- Home modifications and assistive devices.
Situations involving serious injuries with expensive, long-term recovery periods can lead to higher settlements.
Damages
Settlements for rear-end accidents can also include compensation for other losses related to the accident. These can include:
- Future medical expenses—follow-up doctor visits, rehabilitation, and prescriptions to treat long-term injuries;
- Wages—income and employment benefits missed while you recovered from injuries;
- Property damage—costs of repairing or replacing your vehicle; and
- Reduced earning capacity—future lost income due to debilitating injuries.
Depending on the circumstances, rear-end accident victims could also be eligible for intangible losses, such as pain and suffering, emotional distress, and disfigurement.
Liability
Who is liable for the incident can also impact your potential settlement. In a typical settlement for a rear-end collision, the person at fault for the accident can be held responsible for the damage they cause.
However, if you are partly to blame for the accident, that can reduce the compensation you can recover under New Jersey’s contributory negligence rule. Under this law, someone involved in an accident can recover reduced compensation for their losses if they hold 50% or less of the fault. If a court determines you are 51% at fault in a rear-end collision, you can’t receive compensation from another driver.
For example, imagine a driver texting and hitting the car in front of them while approaching a stoplight. The rear driver was violating the law by driving distracted. However, the front car’s brake lights don’t work, meaning the rear car couldn’t see them slowing down. A court finds the rear driver mostly at fault, but they also assign 30% of the blame to the front driver for failing to replace their brake lights. Although the rear driver has $10,000 in damages, they only recover $7,000 because they were 30% at fault.
Insurance Coverage
The auto insurance you have can also influence your potential settlement. Thanks to New Jersey’s no-fault car insurance system, some drivers may face limits on the amount of damages they can seek from a driver at fault.
Under this system, many drivers seek compensation for medical expenses from their own personal injury protection coverage instead. However, insurance companies often seriously undervalue their settlements for accident victims. In many cases, an insurer’s initial settlement only compensates you for past or short-term expenses—leaving out the long-term costs for which you could receive support.
Rear-End Collision Settlement Examples
Let’s look at one of the recent successful rear-end collision settlement examples Glugeth & Pierguidi achieved.
In November 2020, our client was waiting at a stop sign when a tractor-trailer truck hit his car from behind. As a result, our client suffered serious injuries, including multiple herniated discs, a torn rotator cuff, and an ACL tear. Treatment for these injuries required our client to undergo multiple spinal and orthopedic surgeries, and doctors estimated that he would need additional surgeries in the future. At the time, his medical expenses cost around $110,000, with further surgeries at up to $100,000 per procedure. Since the accident, our client has been unable to learn a living and enjoy many of the activities he used to do due to chronic pain.
Our attorneys investigated the cause of the accident and found the truck driver to be at fault. Because the truck driver was driving too close to our client’s car, there was insufficient time to brake at the stop. We filed a lawsuit against the truck driver and trucking company, arguing they were liable for negligence that harmed our client. As a result, our client received a settlement of $1.4 million for the physical, financial, and emotional damages he suffered from the accident.
How Long Does It Take to Settle a Rear-End Accident?
Since no two rear-end accidents are alike, estimating the time it takes to resolve a case can be difficult. Settling a rear-end accident can take anywhere from a few months to a year or more. Ultimately, it depends on various factors, including complexity and your legal representative’s skill.
Fair Compensation Starts with Quality Representation
At Glugeth & Pierguidi, P.C., our mission is to help accident victims rebuild their lives after the trauma of a crash. Our advocates are seasoned legal professionals with over three decades of combined experience in New Jersey personal injury law, and a track record of multi-million dollar settlements won for our clients. If you’re dealing with the aftermath of a rear-end collision, contact our office to schedule a free case evaluation.
David Pierguidi and Jared Glugeth understand how hard it may be for you and your family following an accident resulting from someone’s negligent actions. Get the medical treatment you need right away and then call our law firm at any time of day for answers to your questions.
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