Personal Injury LawyerSan Jose, CA
Personal Injury LawyerSan Jose, CA
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Were You Hurt in a Rear-End Accident?

Get a law firm that won’t let the insurance company push you around

Many people think of rear-end crashes as minor fender-benders, but if you’ve been in one, you know that’s not the case. The accident came out of nowhere – you literally couldn’t see it coming – and you’re still dealing with the pain that resulted. What’s even worse is when the insurance company becomes dismissive. “How fast were they going? Are you sure you’re really hurt?” It’s exhausting.

You do not have to take their excuses. The Swanson Law Group knows how to stand up to the insurance companies and make them take every injury seriously. We’ve obtained big results in rear-end accident cases, including an $8,870,000 verdict for two women who were rear-ended by a truck. If you were hurt in a rear-end accident, we’re here to guide you forward. Contact us today to schedule your free consultation with an experienced rear-end accident lawyer.

We won’t let the insurance company downplay your injuries

In a rear-end case, liability (that is, fault for the accident) usually isn’t disputed. There is a strong presumption that the driver of the rear vehicle is at fault. When the insurance company can’t blame the victim for the crash itself, they pivot to disputing the extent and effect of your injuries. A lot of rear-end accidents happen at low speeds, so they will argue that you couldn’t possibly have been badly hurt. They may even imply that you are faking or exaggerating your injuries.

That’s one of the reasons you should always see a doctor after a car accident, even if you feel fine. Some injuries commonly sustained in rear-end accidents, such as whiplash, internal injuries, and brain injuries, have delayed symptoms. Getting checked out by a doctor right away not only protects your health, but also creates a record of the injury, making it tougher for the insurance company to dispute.

It’s also why you need to talk to an attorney right away, before you talk to the insurance company. Rear-end accidents are the most common type of car accidents, so insurance adjusters talk to people involved in them every day. They have it down to a science: ask leading or loaded questions and get people to say something that they can use to dispute, delay, or deny the claim.

We know how to stop them from taking advantage of you; the sooner you get us on your side, the better we’ll be able to protect you. As soon as you hire us, we’ll contact the insurance company and tell them they can send all further communications to your lawyer. We’ll protect your legal interests while you focus on getting better.

Our goal is to get to the bottom of your rear-end accident

Our firm will launch an immediate investigation to understand how and why your rear-end accident happened. Even though fault usually isn’t disputed, it’s still important to identify the cause of the accident so that we can hold the at-fault driver legally responsible. We’ll secure evidence that the driver who hit you may have been texting or otherwise distracted, impaired, or asleep at the wheel. We talk to witnesses, review physical evidence from the scene, and pore over accident reports to understand what happened and who was responsible.

Sometimes, someone other than the driver of the rear vehicle is at fault for a rear-end crash. For instance, if they tried to stop and the brakes failed, that may be the responsibility of the manufacturer, or a garage that botched maintenance work on the brakes. Other rear-end crashes are caused by problems with the road surface itself. In situations like this, the insurance company will take advantage of any confusion to protect its own bottom line. We will investigate and find the right path forward to get the compensation you need.

Can the driver of the front vehicle in a rear-end accident be at fault?

In general, the law presumes that someone who is rear-ended is not at fault for the collision; after all, you can’t control what happens behind you. However, this presumption is rebuttable; that is to say, in some circumstances, we can show that negligence on the part of the front vehicle caused the crash. If the front vehicle suddenly stopped or reversed, they may be at fault. If the brake lights weren’t working or hazard lights weren’t used when they should have been, that too could affect liability.

For example, we represented someone who sustained a neck injury when they rear-ended a semi-tractor with a trailer. The investigating police officer found that our client was at fault, but we didn’t believe that was the final word. Our investigation showed that the truck was parked in an unsafe position, with about three feet of the trailer protruding out into the road, and there were no warning signs to inform motorists of the potential hazard. Once all the facts were uncovered, we resolved this case for $1 million.

Again, these circumstances were uncommon, but it highlights a broader truth: the investigating officer’s or insurance company’s determination of fault is not the final word on your case. The only way to know what happened and fight for the full compensation you deserve is to get your own advocate on your side. That’s why you need a rear-end accident attorney.

We will fight for full value for your rear-end accident

Even a seemingly minor crash can have a major impact on your life. It’s not just the days of work you missed or the repairs to your vehicle. It’s the pain, both mental and emotional. It’s the effects on your family and the things you love to do. It’s the opportunities you may have missed due to the setbacks the accident caused. Our job is to listen to your story, understand how it has affected your life, and build your case for the full compensation you deserve for your medical expenses, lost wages, pain and suffering, and other losses.

When the insurance company sees that we have a strong case and are prepared to take them to trial, if necessary, they usually pay up. They know our reputation and our track record of results. They know the risk they’re taking if they choose to face us in court. If they do take that risk, we’re ready to fight for you before a judge and jury, and throughout the process, we’ll keep you informed every step of the way.

We do this on a contingency fee basis, which means you don’t pay us unless and until we win your case. We advance the costs needed to move your case forward, and you don’t have to pay us anything out of pocket. If we win, our fee is a percentage of your recovery; if we don’t win, you don’t owe us a cent. What happened wasn’t your fault. Your right to recourse shouldn’t depend on your ability to pay.

Don’t let the insurance company push you around after a rear-end accident. Talk to an experienced attorney about your legal options. There’s no cost and no pressure to hire us; just a candid conversation about what happened to you and how we may be able to help. Schedule your free consultation today.

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