Who Is At Fault in a Rear-End Accident in Albuquerque?

In New Mexico, rear-end collisions typically make up a significant portion of total car crashes. On average, rear-end crashes account for about 25% to 30% of all motor vehicle accidents in the state. Given that New Mexico sees around 40,000 to 50,000 car crashes annually, this would translate to approximately 10,000 to 15,000 rear-end collisions each year.

Rear-end collisions can cause a variety of injuries, often depending on the speed of impact and whether the occupants were properly restrained. Common injuries from rear-end collisions include, but are not limited to:

1. Whiplash

  • Description: The most common injury, whiplash occurs when the neck snaps forward and then backward suddenly. This can strain or tear the muscles, ligaments, and tendons in the neck.
  • Symptoms: Neck pain, stiffness, headaches, and sometimes dizziness or blurred vision.

2. Back Injuries

  • Description: The force of a rear-end collision can compress the spine, leading to injuries such as herniated discs, fractures, or soft tissue damage.
  • Symptoms: Back pain, limited mobility, numbness, or tingling in the limbs.

3. Head and Brain Injuries

  • Description: Even if the head doesn’t hit anything, the sudden jolt can cause the brain to move inside the skull, leading to concussions or more serious traumatic brain injuries (TBIs).
  • Symptoms: Headaches, dizziness, confusion, memory issues, or loss of consciousness.

4. Shoulder Injuries

  • Description: The seatbelt or the force of the impact can cause shoulder injuries, including strains, tears, or dislocations.
  • Symptoms: Shoulder pain, limited range of motion, and weakness in the arm.

5. Chest Injuries

  • Description: The impact with the steering wheel, dashboard, or seatbelt can lead to bruising, fractures, or internal injuries in the chest area.
  • Symptoms: Chest pain, difficulty breathing, or bruising.

6. Face and Jaw Injuries

  • Description: If the airbag deploys or the face strikes the steering wheel or dashboard, facial fractures, cuts, or dental injuries can occur.
  • Symptoms: Facial pain, bruising, cuts, or jaw pain.

7. Arm and Wrist Injuries

  • Description: Bracing for impact often leads to injuries in the arms, wrists, or hands, including fractures or sprains.
  • Symptoms: Pain, swelling, and reduced mobility in the affected limb.

8. Psychological Trauma

  • Description: Beyond physical injuries, rear-end collisions can also lead to psychological effects such as anxiety, PTSD, or a fear of driving.
  • Symptoms: Anxiety, flashbacks, nightmares, or avoidance behaviors.

These injuries can range from mild to severe, and some may not become apparent until hours or even days after the collision.

These collisions can result in a wide range of injuries, from minor whiplash to severe, life-altering conditions. If you’ve been involved in a rear-end accident, you’re likely wondering who is at fault and what your next steps should be.

Rear-End Accident Injury Attorneys Albuquerque

In most cases, the driver who rear-ends another vehicle is considered to be at fault for causing the collision. The reasoning is that drivers are expected to maintain a safe following distance and be attentive to the road conditions ahead. Common causes of rear-end collisions include the following:

  • Failure to Maintain Safe Distance: The rear driver is expected to leave enough space to stop safely, even if the car in front stops suddenly.
  • Distracted Driving: If the rear driver was texting, talking on the phone, or otherwise distracted, they are typically considered at fault.
  • Speeding or Reckless Driving: If the rear driver was speeding or driving recklessly, they are more likely to be found at fault.

However, there may be extremely limited circumstances where the rear-end driver is not at fault.

Determining Fault in a Rear-End Accident in Albuquerque

Determining fault in a rear-end accident often requires a careful investigation of the circumstances surrounding the collision. Evidence such as police reports, witness statements, photos of the accident scene, review of the lapel camera footage, and severity and location of vehicle damage can play a crucial role in determining liability.

If you’ve been injured in a rear-end accident in Albuquerque, consulting with an experienced Accident Injury Attorney is essential. An attorney can help you gather evidence, assess your case, negotiate with insurance companies, and represent your interests in court if necessary.

Seeking Compensation for a Rear-End Accident in Albuquerque?

If you are found to be a victim in a rear-end collision, there is a good chance you are entitled to compensation for your damages, which could include, but are not limited to, medical expenses, lost wages, pain and suffering, and property damage. An attorney can help you understand the full extent of your potential damages and work to recover the compensation you deserve.

Rear-end accidents can be complex, and determining fault is not always straightforward. If you’ve been involved in such an accident, it’s important to seek legal advice to protect your rights and pursue the compensation you deserve. Whitener Law Firm can provide the guidance and support you need during this challenging time.

For more information or to schedule your consultation, contact Whitener Law Firm today and take the first step towards protecting your legal rights.

We Win Your Case, or It’s Free. Call 242-3333.