Injuries After a Rear-End Collision

Car accidents often happen when we least expect it, sometimes when we are driving on a highway and other occasions when we are patiently waiting at a stop sign, not moving at all Most rear-end accidents occur when we are completely stopped. There are a few simple reasons why rear-end collisions occur: drivers don’t leave enough space between themselves and the vehicles in front of them, they don’t take speed into account as they come to a stop, or they are distracted as they approach a stopped vehicle. It is important to leave enough time and space between ourselves and other motorists to remain safe.  It is equally important that drivers are vigilant about not driving while distracted, like texting while driving a vehicle.

Unfortunately, not everyone drives this way. As any driver could tell you, those on the road can often be found speeding, tailgating, texting, and otherwise acting recklessly. Rear-end accidents very often happen because of this neglect. The law recognizes that in almost all circumstances, a motor vehicle that strikes another motor vehicle in the rear will be held liable/responsible for an accident and any injuries and damages that are caused by it.

While some accidents thankfully only result in minor injuries, others can result in serious injuries and even death. No matter the nature of the crash, it is important to understand the types of injuries you may have sustained from a rear-end collision. Some rear-end collisions that cause minor damage to your vehicle can cause a severe injury to your body.

Conversely, other accidents involve massive property damage and only minor injuries. Every case is different and should not be judged simply by the extent of property damage done to the vehicles involved. At Block O’Toole & Murphy, we have obtained many favorable settlements and verdicts on cases involving minimal property damage to the vehicles involved. A case should not be judged by the damage done to the motor vehicle, but rather by the damage done to the much more important human being involved in the accident. Although some injuries may be obvious and immediate, others may take time to show up.

Why You Should Report Even Minor Injuries

Injuries resulting from a car collision can often be overlooked or ignored. Even if you do not think that your injuries are serious, it is better to be safe than sorry. You should promptly seek professional medical advice and care. An accident may not seem severe, but even low-speed collisions can cause serious, permanent injuries. Assessing your injuries is important not only for your health; it can also be key in determining any damages you may be owed if you intend to submit a claim with your insurance company or file a personal injury lawsuit.

One of the most important aspects of any personal injury case is the cause of the injuries. Any delay in reporting your physical complaints to a hospital or medical doctor will be used against you in your medical claim or personal injury lawsuit. Insurance companies for the party that rear-ended you will argue that the accident did not involve sufficient force to cause an injury and or argue alternatively that a degenerative process caused by natural aging was the real cause of your injuries.

While we would hope that an insurance company would want to fairly compensate someone involved in a rear end collision, our experience tells us otherwise. Insurance companies are in the business of making money and holding on to the money that they have. They do not want to treat you fairly; they want to settle your claim or lawsuit for as little money as possible even though they know they are to blame.

The lawyers at Block O’Toole & Murphy are frequently able to obtain what is known as “summary judgment” on rear-end automobile accident cases. This means that the issue of fault is determined well before trial against the driver that rear-ended your vehicle. Not only does this simplify any trial of your case and make settlement more likely, but it also can trigger interest at the statutory rate of 9% on any award obtained on your case. This fear of interest causes many cases to settle as insurance companies do not want this added economic burden. It is important that your lawyer understands all these issues so that he or she may obtain the most favorable result possible for you.

Types of Rear-End Accident Injuries

Below are types of injuries that may result from a rear-end collision:

Whiplash and Injury to the Neck and Back

Whiplash is one of the most common injuries caused by the rapid movement of the neck back and forth during a rear-end collision, resulting in a muscle strain or sprain. The human neck is comprised of six different levels (C1 through C7). Each of these levels is separated by a vertebral body and cushioned by a disc. The discs in our neck permit us to move our neck back and forward and side to side. This provides us with both flexibility and stability.

A collision can cause a dramatic extension and flexion of our neck/cervical spine. Our necks are designed for this movement, but when the movement takes place unexpectedly with great force, it can be too much for the neck to tolerate. The discs that cushion our spines get damaged in the form of a herniation, which occurs when the outer rim of the disc gets torn and allows the soft internal component of the disc to exit.

The spinal cord controls all movement and sensation in the human body, and the exiting nerve roots in the cervical spine control movement and sensation in our upper extremities. Often an injury to the neck can cause a change in sensation in a rear-end motor vehicle collision victims’ arms and hands. Following every right collision many people experience a loss of grip strength in their hands and or numbness/tingling in their hands and fingers. Many other injured people feel pain, like an electrical impulse, traveling from their neck through their shoulders into their elbows and down into their hands.

The injuries caused by rear end collisions vary from person to person. Some people have pain from head-to-toe with can barely move after an accident. For others, these symptoms include pain or stiffness in the neck, headache, dizziness, fatigue, and even mental complications such as difficulty concentrating or retaining memories. If you experience severe neck pain, a limited range of motion, or numbness and tingling in your arms, you may be at risk for chronic/permanent pain.

Additionally, if your crash happened at an extremely high speed, or you already had existing back or neck pain, you are more likely to experience long-lasting symptoms. Your best chance of having your best medical outcome is being seen promptly by qualified doctors. Putting off treatment, although understandable, is not in your best interest. Insurance companies for the vehicle that rear-ended you will argue that the accident did not cause your injuries if you put off treatment for any significant period. Do not let the person who caused your accident get away with hurting you without being held accountable for your injuries.

Spinal Cord Injuries

A spinal cord injury can produce different symptoms depending on the part of the spine affected as well as the severity of the injury. Some spinal cord injuries can have symptoms that initially feel like whiplash. While some spinal cord injuries lead to a loss of range of movement, others can cause conditions as serious as paralysis. Paralysis is perhaps the most devastating injury that they person can receive.

Overall, you may experience a loss of sensation, loss of control over reflexes, spasms, sharp pain around the area of injury, and difficulty breathing. Spinal cord injuries are broken up into two categories: complete and incomplete. Complete spinal cord injuries cause paralysis below the affected point on the spine, whereas incomplete injuries include varying levels of movement and sensation. Other spinal cord injuries, such as herniated discs and bulging discs, result from damage to the rubbery discs between your vertebrae. When one of these discs slips out of place, it can touch a nearby nerve, causing numbness and pain.

It is important to note that certain spinal cord injury symptoms are more urgent than others. Emergency symptoms may include:

• Extreme pain in your back or neck
• Numbness or tingling in your limbs
• Loss of sensation and coordination
• Paralysis
• Difficulty walking
• Trouble breathing

No matter the severity of your injury, it is important to seek medical care. It is imperative that you limit your movement following a rear-end collision and wait for medical personnel to come to the scene of the accident to assess your medical condition. It is likely that your neck and spine may be immobilized by responding personnel to limit further injury. Do not be frightened by this immobilization; it is a precaution undertaken to keep you as safe as possible.

A paralyzed person often requires constant medical care. This care can cost $40 million over a lifetime. This is not to mention the almost unthinkable pain and suffering that a paralyzed person can experience. Block O’Toole and Murphy has obtained the largest recoveries ever known for paralyzed individuals in the State of New York. Partner Daniel P O’Toole and partner Scott Occhiogrosso obtained a verdict more than $110 million for a paraplegic man. That same team has also handled quadriplegic cases resulting in landmark and record recoveries.

Broken or Fractured Bones

Your body may go through trauma during a rear-end collision that could lead to broken or fractured bones. Airbags, seatbelts, and other objects in your vehicle may collide with your body, causing a bone to break.

While some fractures may be obvious and cause immediate pain, others may fly under the radar. Be sure to pay attention to bruising, swelling, or sharp pain, all of which may indicate a broken bone. If not cared for properly, fractured bones can cause permanent damage to your body and reduce your mobility, so be sure to seek treatment from a qualified medical professional that specializes in trauma.

Traumatic Brain Injuries

A traumatic brain injury (TBI) is a serious and potentially life-threatening condition which usually occurs from a harsh blow to the head. A traumatic brain injury can cause profound disabilities. Along with paralysis, traumatic brain injury is among the most dire consequences of a rear-end motor vehicle accident.

Traumatic brain injury can range from mild to severe and everything in between. Block O’Toole and Murphy have been in many an intensive care unit room with traumatic brain injury patients surrounded by family, very much worried that the patient would not survive.

Happily, many such patients make miraculous recoveries due to the great care that they receive at level 1 trauma centers. A level 1 trauma center is a hospital that is designated by the state to care for the most seriously injured trauma patients. Unfortunately, still many other former Block O’Toole and Murphy clients do not make full recoveries and require lifelong intensive ‘round-the-clock medical care. Having the right attorneys on your side can make all the difference in the quality of life your family member can have after suffering a traumatic brain injury.

Partners Daniel P. O’Toole and Stephen J. Murphy have obtained recoveries of over $30 million and over $13 million on behalf of traumatic brain injury clients. The level of care afforded to these former clients has dramatically improved the quality of their lives for both our clients and their families. Sometimes, all you can do is provide the best medical treatment and living arrangements possible. When that is what you are left with, an enormous financial recovery is your best hope.

Different symptoms may arise depending on the severity of a TBI (Traumatic Brain Injury). Symptoms of a mild traumatic brain injury may include:

• Loss of consciousness
• Headache
• Nausea
• Fatigue
• Difficulty sleeping
• Loss of taste or smell
• Blurred vision
• Speech difficulties
• Changes in mood or depression

Symptoms of a moderate traumatic brain injury may include the symptoms listed above, as well as the following complications:

• Prolonged unconsciousness
• Convulsions or seizures
• Loss of coordination
• Fluid draining from nose or ears
• Inability to wake up from sleep
• Coma
• Death

Even if you do not immediately experience the above symptoms, you may want to see a medical professional, as symptoms can sometimes take weeks to become evident.

Death

Unfortunately, the worst rear-end accidents can sometimes be fatal to drivers and passengers. According to the National Highway Traffic Safety Administration, rear-end crashes made up 7.1% of total car crash fatalities in 2019.

Death may result immediately due to blunt force trauma or other fatal events during the crash. However, injuries such as a traumatic brain injury or a spinal cord injury could lead to a death in the days or weeks following an accident. Be sure to keep an eye on your symptoms following a rear-end collision, as it may save your life.

Psychological and Emotional Damages

A rear-end collision can be damaging to both your body and your mind. After your accident, you may be feeling scared and shaken, or experience a change in your mood. As previously mentioned, a traumatic brain injury can lead to mood changes or depression, so it is important to keep an eye on these symptoms.

Emotional turmoil may not always be caused by a physical injury, but rather by psychological damage. An accident is traumatizing enough, but on top of that, you may be dealing with costs to repair your vehicle, medical bills, or even the loss of a loved one.

If you’ve been injured in a rear-end collision, having an experienced and caring legal team on your side will make the process of obtaining financial support easier. Understand your legal rights by speaking with a knowledgeable personal injury lawyer. The team at Block O’Toole & Murphy is here to help; our attorneys offer free legal consultations to accident victims in New York and New Jersey. Dial 212-736-5300 or fill out our Contact Form to speak with a qualified rear-end collision attorney today.

Who is at Fault for a Rear-End Collision?

Many people automatically think the driver of the rear vehicle in a rear-end crash is the one at fault; however, there are multiple parties who could be liable. For example, if a driver reversed into the rear car or the driver in the foremost car was intoxicated when the crash occurred, the driver in the first car could be considered at fault. Additionally, if a commercial or municipal vehicle was involved in the rear-end crash, there are more parties who could be at fault aside from the driver, such as the company that owns the commercial vehicle, the company that maintains the vehicle, the government entity that owns the vehicle, or the company that manufactured it.

New York has a no-fault law which requires all New York motorists to have no-fault insurance coverage. This insurance covers the cost of expenses like lost wages and medical costs that often need to be paid for soon after the accident, and it will cover these costs regardless of who was at fault for the accident. This allows the injured victim to begin their recovery as soon as possible, as no-fault insurance will cover up to $50,000 of economic damages. Then, if the injured victim can file a personal injury lawsuit, the liable party may be responsible for compensating them for other damages, such as pain and suffering or loss of quality of life.

If you have been involved in a particularly serious rear-end collision, you may want to pursue legal action. Because New York is a no-fault state, insurance will cover up to $50,000 in personal injury damages no matter who is at fault in the accident. However, if you have experienced significant medical complications resulting from a rear-end collision, such as paralysis, disfigurement, or broken bones, pursuing a lawsuit against the at-fault driver may be in your best interest.

Skilled Litigation in Rear-End Accident Lawsuits

The lawyers at Block O’Toole & Murphy are known for winning some of the largest settlements for personal injury cases in New York and New Jersey, many of which are motor vehicle accidents. Our qualified attorneys fight to the end to ensure you receive the compensation you are legally owed after a car accident. Some of our most notable rear-end collision verdicts and settlements include:

• $9,263,326 verdict for a client involved in a multi-vehicle rear-end collision, leading to several injuries to his spine
• $8,000,000 jury verdict for a celebrity musician who sustained serious knee injuries, among others, in a rear-end collision
• $4,250,000 settlement for a technician who experienced severe pain in his back and leg, to the point where he could not continue working
• $4,100,000 verdict for client who suffered multiple herniated discs after being rear-ended in a multi-car accident
• $2,400,000 settlement for driver who was rear-ended by a commercial truck resulting in a herniated disc and other serious injuries
• $2,270,000 verdict for a passenger on a bus which rear-ended a tanker truck, resulting in injuries to both of her knees, her cervical spine, and lumbar spine
• $2,000,000 recovery for a security guard who sustained a herniated disc and severe back pain after being struck from behind by another vehicle
• $1,750,000 settlement for a client rear-ended at low speed by a school bus
• $1,500,000 settlement for a client who was rear-ended and suffered from a herniated disc in the lumbar spine and four other bulging discs
• $1,500,000 settlement for a taxi driver who experienced injuries to both his lumbar and cervical spine after a rear-end collision
• $1,410,000 settlement for a couple who was rear-ended and sustained multiple spinal cord injuries
• $1,350,000 settlement for a driver rear-ended by a truck, suffering multiple herniated discs

To learn more about financial compensation you may be owed, contact the lawyers at Block O’Toole & Murphy today at 212-736-5300 or schedule a FREE consultation.