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Average Settlement for Rear-End Collision in California

Average Settlement for Rear-End Collision in California

Settlements for moderate rear-end collisions in California average around $44,975, varying widely based on the severity of injuries—from minor soft-tissue injuries to severe disabling conditions, with payouts ranging from $2,500 to $5,750,000.

Since the amount of compensation can vary significantly, it’s not possible to benchmark your situation against an average, which is why it’s important to get in touch with our personal injury law firm for further guidance on what damages you can claim.

Some of our settlement examples

These are some of the most notable collision settlements we’ve managed to secure for our clients:

  • $4,000,000: PTSD/concussion in Los Angeles
  • $4,200,000: Back injury in Long Beach
  • $2,500,000: Back injury & emotional injuries in Orange County

Come and find out how a San Bernardino car accident lawyer from our firm can further aid you in pursuing a rear-end collision settlement

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Average settlement amounts by accident type

The overview below looks into typical compensation ranges for minor collisions, moderate accidents, and severe crashes, shedding light on the factors that impact financial outcomes in each case.

  1. Minor fender benders typically involve light vehicle damage and minor injuries, such as whiplash or soft tissue injuries. Settlement values for these cases usually range between $5,000 to $15,000. Factors influencing settlement include medical expenses, vehicle repair costs, and any associated inconvenience or pain.
  2. Moderate collisions result in more significant vehicle damage and injuries that may require medical treatment and recovery time. Settlements for moderate collisions generally fall between $15,000 to $30,000, depending on the severity of injuries, length of medical treatment, and impact on daily life and work.
  3. Severe crashes involve extensive vehicle damage and serious injuries, potentially leading to long-term disabilities, extensive medical treatments, and even fatalities. Settlement amounts for severe crashes can exceed $50,000, often covering substantial medical expenses, lost wages, pain and suffering, and future medical needs.

Legal framework for rear-end accidents in California

Rear-end crashes are governed by specific laws and regulations in determining fault, influencing settlement negotiations, and shaping outcomes in legal proceedings.

  • Fault Determination: California follows a strict liability approach in rear-end collisions, where the driver who rear-ends another vehicle is typically presumed to be at fault. This presumption arises from Vehicle Code section 21703, which mandates drivers to maintain a safe following distance and operate their vehicles in a manner that prevents collisions.
  • Rebuttable Presumption: This presumption can be rebutted if the rear driver can provide evidence showing that the lead driver acted negligently or unexpectedly. For example, if the lead driver made an abrupt and unsignaled lane change, stopped suddenly without reason, or had brake lights that were not functioning, the rear driver might not be held fully at fault.
  • Traffic Regulations: Additionally, CVC section 21800 covers the right-of-way rules at intersections, which can also play a role in rear-end collisions occurring at traffic signals or stop signs.
  • Legal Precedents and Case Law: Legal precedents in California, such as Li v. Yellow Cab Co. (1975) that outlined the comparative negligence rule, provide guidance for both parties in settlement discussions and court proceedings. These precedents help establish the standard of care expected from drivers and the consequences of failing to adhere to traffic regulations.

The presumption of fault against the rear-ending driver typically strengthens the position of the injured party in seeking compensation for damages. This presumption encourages the rear driver’s insurance company to settle claims promptly to avoid litigation, which can be costly and time-consuming.

However, if the rear driver can present compelling evidence to rebut this presumption—such as proving the lead driver’s sudden and unsafe maneuver—the settlement may reflect a shared liability, reducing the rear driver’s financial responsibility.

Additional reading: how much can someone sue for a car accident

Key factors affecting settlement amounts

Key factors affecting settlement amounts

Final payouts in personal injury cases are influenced by various critical factors:

Severity of injuries

The severity of injuries like whiplash, back injuries, and concussions directly impacts settlements in rear-end collisions.

More severe injuries typically result in higher compensation due to increased medical expenses and longer recovery periods. For instance, a severe concussion or broken bones may require extensive medical treatment and rehabilitation, leading to higher settlement figures.

Additional reading: average settlement for car accident back and neck injury in California

Medical expenses

Settlement amounts consider both immediate and long-term medical costs, including surgeries, therapy, and medications required for recovery from rear-end collision injuries.

These expenses can add up quickly, especially if the injuries necessitate ongoing treatment or multiple procedures over time.

Lost wages

Compensation accounts for lost wages due to temporary or permanent inability to work, including future earning capacity if injuries affect career opportunities.

This factor is particularly important for individuals whose injuries prevent them from returning to their previous jobs or significantly impact their ability to earn a living.

Pain and suffering

Non-economic damages like pain and suffering are calculated based on the physical and emotional toll of injuries, influencing compensation. This includes not only the immediate pain from the injury but also the long-term emotional distress and lifestyle changes resulting from the accident.

Property damage

Where applicable, settlements include reimbursement for vehicle repair or replacement costs resulting from rear-end collisions. This aspect ensures that victims are not left out of pocket for the costs associated with getting their vehicle back to its pre-accident condition or purchasing a new one if the damage is extensive.

Fault and liability

Determining fault under California’s comparative negligence laws affects how settlement amounts are allocated between parties involved in rear-end collisions.

If both parties share some degree of fault, the settlement will be adjusted accordingly, potentially reducing the compensation awarded.

Comparative negligence

California’s comparative negligence laws reduce the payout based on the victim’s percentage of fault in rear-end collisions. If the victim is found partially responsible for the accident, their compensation will be proportionally reduced.

Legal representation

Having legal representation is vital for maximizing settlement amounts in rear-end collision cases by advocating for fair compensation.

Our experienced attorneys can help gather evidence, negotiate with insurance companies, and ensure that victims receive the full amount they are entitled to.

Additional reading: average settlement hit by drunk driver in California

For further guidance on your injury claim, get in touch with our Torrance car accident attorneys via a free consultation!

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Types of damages in car accident settlements

These damages cover a range of losses, from financial costs to emotional impacts, and even punitive measures in certain cases.

  • Economic Damages: Cover quantifiable losses such as medical bills and lost wages, ensuring victims are reimbursed for out-of-pocket expenses and financial setbacks due to injury.
  • Non-Economic Damages: Compensation for intangible harms like pain, suffering, and emotional distress that impact quality of life and mental well-being falls under this category.
  • Punitive Damages: Awarded to punish the at-fault party for gross negligence or intentional misconduct leading to the rear-end collision, these damages aim to deter similar behavior in the future and are typically sought in addition to compensatory damages.

Additional reading: average motorcycle accident settlement in California

Rear-end accident statistics in the Golden State

According to the Insurance Information Institute, rear-end accidents constituted nearly 7% of all fatal car accidents nationwide in 2021.

Specifically in California, data from the California Highway Patrol (CHP) revealed that rear-end accidents resulted in nearly 42,000 injuries and deaths in 2019 alone.

These statistics show the prevalence and seriousness of rear-end collisions in the state, emphasizing the need for effective traffic safety measures and vigilant driving practices to reduce such incidents.

What to do immediately after being rear-ended

Experiencing a rear-end collision can be disorienting, but taking immediate steps to ensure your safety and protect your legal rights is paramount. Here’s a step-by-step guide on what to do after being rear-ended:

  1. Stay Calm and Assess Safety: Take a deep breath and remain calm. Check yourself and your passengers for injuries. If possible, move your vehicle to a safe location away from traffic to avoid further collisions.
  2. Call Emergency Services: Dial 911 to report the accident, especially if there are injuries or significant damage. Request medical assistance if anyone is injured.
  3. Exchange Information: Exchange contact and insurance information with the other driver(s) involved. Include names, phone numbers, addresses, insurance policy numbers, and vehicle registration details.
  4. Document the Scene: Take photos of the accident scene, including vehicle damage, road conditions, and any visible injuries. This documentation can be valuable for insurance claims and legal purposes.
  5. Gather Witness Information: Their statements may support your version of events if needed.
  6. Notify Your Insurance Company: Provide accurate details of the accident and cooperate with their investigation.
  7. Seek Medical Evaluation: Even if you feel okay initially, consider seeking medical evaluation. Some injuries, like whiplash, may not be immediately apparent but can develop symptoms later.
  8. Keep Records: Maintain a record of all medical treatments, expenses, and communication related to the accident. This documentation helps support your insurance claim and any potential legal action.
  9. Consult with a Personal Injury Attorney: If you sustained injuries or significant vehicle damage, consider consulting with an attorney. We can provide legal advice, negotiate with insurance companies on your behalf, and help pursue compensation for your losses.
  10. Stay Informed and Follow Up: Stay informed about your rights and responsibilities following the accident. Follow up with your insurance company, healthcare providers, and legal counsel as needed to ensure your interests are protected.

When to accept a settlement offer

Consider these key factors to guide your decision-making process:

  • Evaluate the Fairness of the Offer in relation to your injuries, medical expenses, lost wages, and other damages incurred due to the accident. 
  • Consider Long-Term Impacts: Ensure it accounts for future medical needs, potential complications from injuries, and any lasting impact on your quality of life or ability to work. 

You should only accept the potential settlement if you feel it fully compensates for all your current and future expenses. If you are satisfied that the offer meets these criteria, it may be the right time to accept.

However, if you are still uncertain about the adequacy of the offer or feel that it does not fully address your needs, consider the following tips to negotiate a better settlement:

  1. Gather and present additional evidence supporting your claim, such as medical records, bills, and documentation of damages.
  2. Emphasize strong aspects of your case, such as liability clearly resting with the other party, severe injuries, or significant economic losses.
  3. Set realistic expectations for negotiation while firmly advocating for fair compensation. Understand the strengths and weaknesses of your case to negotiate effectively.
  4. Promptly respond to settlement offers and communication from insurance adjusters or opposing parties. Delays could prolong the negotiation process or affect the final settlement amount.
  5. If negotiations stall, consider mediation as an alternative dispute resolution method. A neutral mediator can facilitate discussions and help both parties reach a mutually acceptable settlement.

If, after following these tips, you are still unable to reach a satisfactory settlement, it may be time to consider legal action.

How to file a lawsuit in California

Filing a lawsuit after a rear-end collision in California involves straightforward steps to ensure you pursue fair compensation effectively:

  1. Initiating Legal Action: Seek guidance from a lawyer specializing in rear-end collisions, like our team here at Feher Law. We will evaluate your case, discuss legal options, and handle the complexities of litigation. Your attorney will prepare and file a complaint (lawsuit) in the appropriate California court, detailing your claims against the defendant(s).
  2. Identify Potential Defendants: Determine who to sue, typically the driver who rear-ended your vehicle or their employer if they were working at the time of the accident.
  3. When to Consider a Lawsuit: File a lawsuit if insurance negotiations fail to adequately cover your losses or if liability is disputed, and the offered settlement does not meet your needs.
  4. What Happens During Litigation: Exchange information and evidence through discovery, which may include depositions and document exchanges. Your attorney will negotiate with the defendant’s insurance company for a fair settlement based on your damages and the evidence presented.
  5. Prepare For Trial: If a settlement is not reached, prepare for trial by gathering witnesses, experts, and evidence to support your case. Next, you will present your case in court before a judge or jury, who will decide on liability and award damages based on the evidence.

Although the above steps sound daunting, your assigned attorney will do the hard legal work on your behalf so all you have to do is recover from your injuries sustained in the car crash.

Contact us for expert legal advice on rear-end settlements in California

Our experienced car accident lawyers specialize in personal injury cases, offering personalized guidance to maximize your settlement. Whether you’re negotiating with insurers or considering litigation, we’re here to advocate for your best interests.

Contact Feher Law today for a free consultation and expert assistance with your rear-end collision case. 

Call (866) 646-6676

FAQs

Determining fault in a rear-end collision follows the principle that the driver who rear-ends another vehicle is presumed responsible. This presumption stems from traffic laws mandating drivers to maintain a safe following distance and be prepared to stop safely. Insurance principles reinforce this.

Additional reading: who is at fault in a rear end collision

If you're rear-ended without insurance in California, you could encounter legal repercussions and challenges in pursuing compensation for damages. Consulting with a car accident attorney will help you to understand your rights, navigate legal complexities, and explore options for seeking recovery and resolving the situation effectively.

Personal injury settlements in California car accident cases factor in medical expenses, lost wages, pain and suffering, and other damages caused by the accident. The amount varies based on the severity of injuries and their impact on the victim's life, often requiring negotiation with insurance companies or through legal proceedings.

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