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Why Do Rear-End Car Crashes Happen? 6 Key Causes Explained!

How To Prove You Are Not At Fault In A Car Accident? Simple Steps!

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Why Do Rear-End Car Crashes Happen? 6 Key Causes Explained!

By  Dan McCrary | May 19, 2024

If you’re wondering what the main cause of a rear-end car crash is, you’ve come to the right place! A rear-end car accident can be quite dangerous to both the driver of the rear car and the front car. The passenger of the front car also faces serious injuries. 

These injuries include whiplash (neck injury), fractures, back injuries, or, in worse cases, brain injuries. In this type of situation, finding the reason behind the accident and who was at fault becomes a daunting task.

Without knowing the reason behind the rear-end car crash, you wouldn’t be able to file lawsuits. This is why it’s important to know the main cause of the accident, which driver was responsible for, and what the right action to take after an accident is. 

6 Main Causes of Rear-End Car Crash

Below are the six main causes of rear-end car crashes. With these causes, you can easily get an overall understanding of why the accident occurs.

1. Drunk Driving

Drunk driving is one of the most common reasons behind accidents. There are about 37 people who die every day in the United States due to drunk driving. It’s because alcohol affects decision-making abilities, blurs the vision, and reduces reaction time.

All of the side effects of alcohol increase the chances of an accident. The reduction in reaction time means the brain doesn’t process activities faster, affecting decision-making abilities and leading to accidents.

2. Distracted Driving 

Distracted driving is a term used for driving while involved in other activities. For example, using the mobile phone, talking to someone in the car, thinking about your office day, eating while driving, and so forth.

Any activity that can divert your attention from the road and the car to other things will be considered the reason for distracted driving. The lack of situational awareness prevents drivers from noticing the front car, resulting in dangerous rear-end car crashes

3. Overspeeding

Overspeeding is a significant factor behind car crashes. In 2022, about 29% of traffic fatalities happened because of overspeeding. High speed reduces reaction time, making it harder for the driver to respond to unexpected situations.

Besides that, a faster car requires more time and distance to come to a complete stop, increasing the likelihood of rear-end car crashes. This type of accident also results in severe injuries because of the great impact force of the car.

4. Driver Fatigue

Driving requires a healthy and mentally alert individual. Otherwise, the situation can be a lot worse. In the driving profession, an unfortunate situation not only puts the driver at risk but also the passengers and all the other cars on the road.

This is why recognizing driver fatigue is crucial. Fatigued drivers experience a loss of control over their bodies and cars; they can’t focus on the road and make decisions immediately like in case a car suddenly appears in front of them.

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  • 5. Not Following Traffic Rules

    Not following traffic rules is also a big reason behind rear-end car crashes. The rules are made to protect all drivers and their cars from dangerous collisions. However, most of the time, drivers neglect these safety rules.

    For instance, one rule that causes rear-end car crashes is Tailgating. It’s a situation when the rear driver drives too close to the front car, resulting in an accident when the front car stops suddenly.

    6. Mechanical Failure

    Mechanical failures in cars, like faulty brakes, can cause major accidents. These mechanical problems aren’t limited to brakes but also include engine issues, tire problems, malfunctions in the car steering system, etc.

    Regardless of the issue, it’s the driver’s responsibility to follow a maintenance schedule and ensure the vehicle is in proper working condition. Regular maintenance checks can prevent accidents caused by mechanical failures.

    Who’s Responsible For The Damage of A Rear-End Car Crash?

    You might be exempt from liability if you’ve followed all traffic rules, like maintaining a safe distance, driving at the right speed, and weren’t distracted or drunk. However, in most cases, the responsible driver is always the driver of the rear car, but there are some exceptions.

    For example, you’re driving and have maintained a safe distance from the front car on the road. A third car driver saw that distance and came in front of your car, resulting in a rear-end car crash. In this case, the front car driver is responsible for the damage.

    Another example is a car at the front malfunctions and stops working while you are going fine on the road and an accident occurs. Remember, these instances are rare, and generally, the responsibility falls on the rear car driver.

    What Is The Right Action To Take In A Rear-End Collision?

    Don’t panic! This is the first step you need to take after a rear-end collision. It might seem difficult, but trust us, panic only makes the situation worse. Then follow the steps below:

    • Check for injuries

    Your health always comes first. So always check for injuries and see whether you can move your hands and legs. If you notice any serious injuries or drowsiness, seek medical help immediately.

    • Call the police

    Once you’re sure there are no injuries and can communicate properly, call the police. The police will come and examine the car crash scene to create a detailed report.

    • Take pictures

    Don’t just rely on police report evidence. Document the car crash with your mobile camera, take pictures, and record some videos. If possible, write every detail, like how the accident happened, in the notepad so you can share it with the insurer and car accident lawyer.

    • Share contact details

    Lastly, share contact details with the other driver and ask for their phone number and email address as well. This will ensure both parties can contact each other to discuss the cost of damages.

Final Thoughts

The main cause of rear-end car crashes varies but, in general, there are six reasons. For instance, drunk driving, distracted driving, overspeeding, driver fatigue, not following traffic rules on the road, and mechanical failure in the car.

These reasons show who was at fault while driving. For example, if the front car driver wasn’t following traffic rules and was drunk, they have to bear the responsibility for the collision.

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    Who Is Responsible For Paying For A Rental Car After An Accident In Northern California?

    How To Prove You Are Not At Fault In A Car Accident? Simple Steps!

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    Who Is Responsible For Paying For A Rental Car After An Accident In Northern California?

    By  Dan McCrary | May 18, 2024

    The cost of repairing a damaged car can easily break the bank, especially if it’s a rental car. Drivers usually buy insurance for their car but not always for the rental car. So, who is responsible for paying for a rental car in North California after an accident?

    Rest assured! We have answers for you. In simple words, whoever is at fault for the accident, whether you or the other driver, will pay for the damages. If both parties share the blame, then the cost of damage will be divided among both parties.

    Below, we’ll discuss this topic in more detail and provide answers about how much rental reimbursement coverage costs and whether you need to add it to your insurance. So, let’s find out the answers!

    What Happens If You’re At Fault In The Rental Car Accident?

    The short answer is that you’ll be responsible for paying for the rental car damage caused by the accident. Since it was your fault, the other driver isn’t bound to share any of the car repair costs and you’ll have to pay for the damage.

    But how you’ll pay entirely depends on your situation. If you have insurance coverage, your insurance company will pay for the repair, including rental reimbursement. However, you’ll have to pay out of pocket if this isn’t the case.

    What If Other Driver Is At Fault In The Rental Car Accident?

    If the other driver is at fault in the rental car accident, they’ll have to bear the expenses of car damage. In most cases, they can involve their insurance company, which will provide them with the compensation amount.

    If they do not have an insurance policy, they must pay the cost themselves. If someone fails to cover the damage they’ve caused, the no-fault driver can sue the at-fault driver and take the case to court.

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    • What If Both Drivers Are At Fault In The Rental Car Accident?

      Typically, when both drivers are at fault in an accident, the insurance company assigns liability to each driver based on their fault. For example, one driver might be found 60% at fault while the other driver is 40% at fault.

      According to the evidence, the driver who is 60% at fault will compensate for 60% of the damages compared to the other driver’s 40% fault. However, it’s important to note that this example may not be applicable in some states, like Florida.

      Florida operates as a modified comparative negligence state. This means that a driver who is 51% liable for a car accident cannot seek compensation from other parties, even if they share the remaining 49% of the fault in the accident.

      Hence, it’s best to research whether your state follows pure comparative negligence laws or modified comparative negligence laws. For instance, California operates as a pure comparative negligence state, allowing drivers to collect damages even if they are 70% at fault.

      Do You Need Rental Car Insurance In North California?

      Insurance coverage for rental cars isn’t required in Northern California, but it’s highly recommended for a safe future. All drivers are only required to have liability car insurance, which covers:

      • $15,000 for injury/death to one person.
      • $30,000 for injury/death to more than one person.
      • $5,000 for property damage.

      Liability insurance does not cover the cost of car repairs. However, if you use a credit card to rent the car, you may have coverage—though it’s best to check with your credit card company to confirm.

      Personal car insurance policies often cover car damages but do not cover costs if the rental car is used for business purposes. Therefore, adding rental reimbursement coverage to your insurance policy protects you.

      Rental Reimbursement Coverage Cost

      On average, you may have to pay $25 to $100 yearly for the Rental reimbursement coverage. With this coverage, the insurance company will pay for car damage if you’re at fault, ensuring peace of mind.

    Final Thoughts

    To sum up, the at-fault party, whether you or the other driver, will pay for a rental car in North California after an accident. The at-fault party driver will contact their insurance company, and they'll cover the damage cost if the rental reimbursement is included in the coverage.

    If the insurance company or the driver isn't agreeable to paying for the rental car expenses, you can take legal action by taking the issue to court. You can contact McCrary Law Firm for expert guidance and representation during this challenging time.

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      What Does A Car Accident Lawyer Do? A Detailed Guide!

      How To Prove You Are Not At Fault In A Car Accident? Simple Steps!

      Home  »  BlogsCar Accident

      What Does A Car Accident Lawyer Do? A Detailed Guide!

      By  Dan McCrary | May 17, 2024

      You can file a claim in case of a car accident without help from a lawyer, but is it advisable? The short answer is NO! Research shows that people who hire lawyers receive better compensation – to be precise, around 3.5 times more than those who don’t.

      This difference isn’t a coincidence. Experienced lawyers are familiar with all the ins and outs of the law, skilled in negotiating with insurers, and knowledgeable about determining the appropriate settlement amount, which leads to securing larger settlements.

      That’s why legal experts universally recommend hiring a lawyer for accident cases. To help you make the decisions, we’ll discuss what a car accident lawyer does. So, let’s get into the details without further ado!

      What Is The Role of A Car Accident Lawyer? Brief Overview

      The main role of a car accident lawyer is to provide legal assistance from the beginning (right after the accident) to the end of the case. You can consult with a lawyer about your case, and they’ll advise you on the best course of action, including what type of claim is valid in your case.

      Besides guiding the claim, car accident lawyers provide insights into what evidence you need to strengthen your claim. They’ll skillfully negotiate with insurers about the compensation amount with strong evidence.

      Thanks to their negotiation and case-handling skills, the insurer must provide rightful compensation for the claim, which usually doesn’t happen. When there’s no lawyer, insurers usually try to blame you to reduce the settlement amount.

      6 Ways A Car Accident Lawyer Helps Accident Victim

      Below are the six ways a car accident lawyer helps accident victims.

      1. Legal Guidance & Expertise

      The most important job of a car accident lawyer is providing legal guidance. Not everyone is well-versed in the intricacies of the law or knows which claims to pursue following an accident, and that’s where a lawyer can help.

      A lawyer would assess your case and assist with what claims are valid for your accident case. Their expertise ensures you’re on the right path to acquiring compensation for the loss.

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      • 2. Case Evaluation and Strategy

        After taking on a case, the next step for a lawyer is conducting a comprehensive evaluation and creating a strategic plan. Lawyers examine every aspect of the case, from gathering evidence to how much you were involved in the case and so forth.

        Afterwards, they devise a strategic plan specifically for your case. For instance, you need to know what evidence you need and how you can get that evidence, and you need to interview the witnesses to achieve the best possible outcome.

        3. Maximizing Compensation

        One of the common issues we’ve noticed in car accident claims handled without a lawyer is that drivers often lack awareness of the full scope of compensation. Sometimes, they may only request compensation for vehicle damage and medical expenses.

        However, according to the law, you can seek compensation for various damages, including pain and suffering and loss of income.  This won’t happen if you have an experienced lawyer, as they know what to include to maximize the compensation.

        4. Navigating Insurance Processes

        Lawyers also assist in navigating the insurance process, which is where many individuals fail. The insurers who oversee the claims are skilled at finding loopholes and using them to reduce compensation.

        If you don’t have a lawyer by your side, you’ll be unable to negotiate with the insurer and might agree to the low compensation. However, this isn’t the case with a lawyer, as they ensure to protect your rights and secure fair compensation for the loss.

        5. Evidence Gathering and Preservation

        Evidence gathering and its preservation are important tasks in car accident claim cases. The case outcome depends on your investigation and the evidence you collect, yet many individuals stumble at this crucial stage due to their limited knowledge.

        They’re unsure what evidence to look for and how it can strengthen their case. However, with an experienced lawyer, this process becomes much easier. Your lawyer not only assists you in finding the evidence but also guides you about its relevance in supporting your claim.

        6. Litigation Representation

        Litigation representation isn’t necessary in all cases, as many accident cases are resolved outside of court; there are instances where legal action becomes unavoidable. This typically occurs when insurers refuse to provide the compensation you want.

        While it’s possible to represent yourself in court, enlisting a lawyer’s expertise is strongly recommended. A skilled attorney brings invaluable experience to the table and advocates for you in the courtroom, working tirelessly to secure a favorable outcome.

      What Does A Car Accident Lawyer Do? Final Thoughts

      In summary, a car accident lawyer plays a crucial role in helping accident victims. They provide important legal advice, help maximize compensation, and guide you through the complexities of dealing with insurance companies.

      By hiring a car accident lawyer, you can navigate the legal process more effectively and work towards a fair outcome for your case. You can fill our form for a complimentary consultation. Our team will promptly reach out to schedule a meeting at your convenience.

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        Filing A Claim When You Share Some Fault [Complete Guide]

        How To Prove You Are Not At Fault In A Car Accident? Simple Steps!

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        Filing A Claim When You Share Some Fault [Complete Guide]

        By  Dan McCrary | April 14, 2024

        Did you know? Car crashes are one of the most important issues in America. More than 19,000 crashes happen daily, meaning more than 6.7 million accidents yearly. The statistics are undoubtedly saddening.

        What’s more worrying is that sometimes victims don’t receive the rightful compensation for the damage. Most of the time, this happens due to a misconception that a claim isn’t possible if you’re also at fault in the accident. Thankfully, that’s not the reality!

        Today, we’ll explain that you can still file a claim if you share some fault in the accident. How is it possible, and what do you need to consider when filing the claim? Let’s find out the answers to all these questions!

        Can You File A Claim If You Share Some Fault In An Accident?

        Yes, it’s possible to file a claim if you share some fault in an accident. Just remember, the compensation won’t be high, and in some states, your eligibility to file a claim depends on the percentage of responsibility you bear for the accident.

        Another crucial consideration is whether your state follows no-fault or at-fault laws. In an at-fault state, you can seek compensation from the driver at fault in the accident. The situation will be completely different in a no-fault state.

        In a no-fault state, all drivers involved in an accident must turn to their insurance providers for financial assistance instead of filing a claim. So, if you live in a no-fault state, you can’t file a claim, whether you’re the victim or partially at fault.

        In contrast, residents of at-fault states can file a claim if they share some fault in an accident and get the rightful compensation. To understand the eligibility for a claim, you must know the types of shared accident faults.

        Types of Shared Faults In Car Accidents

        There are different types of shared faults in a car accident. In some cases, you’ll be eligible to ask for compensation, while in some cases, your involvement in causing injury can hinder your ability to file a claim.

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        1. Comparative Negligence

        Comparative negligence law means assigning a specific percentage of fault to each driver involved in the accident. For example, one driver can be found to be 70% guilty, and the other can be 30% at fault in a car accident.

        After assigning the percentage of the fault in an accident case, both drivers will get the compensation accordingly. The driver who’s at fault will get 30%, and the other will get 70% of the damage.

        2. Contributory Negligence

        Contributory negligence accident law is the complete opposite of comparative negligence. This means that if someone is involved in causing the accident, even if it’s 10% fault, the plaintiff won’t be eligible to file the claim.

        This law is enforced in only four states: Alabama, Virginia, Maryland, North Carolina, and the District of Columbia. In other states, individuals can still pursue claims even if they bear partial responsibility for the accident.

        3. Modified Comparative Negligence

        Modified Comparative negligence is similar to comparative negligence law but has few key distinctions. Under this law, individuals involved in an accident can file a claim, but only if their fault doesn’t exceed a specific threshold, such as 50%.

        For instance, if you share only 30% of the fault in the accident, you remain eligible to seek compensation. However, exceeding the 50% fault can easily disqualify you from receiving compensation.

        How Is An Accident Fault Determined?

        The insurance company determines the fault. Once the claim is filed, the insurer reviews all available evidence, including CCTV footage, police reports, witness statements, driver’s testimonies, and accident scene photographs.

        After thoroughly evaluating the evidence, the insurer decides who is at fault and to what extent. If you disagree with the insurer’s decision, hire a car accident lawyer to negotiate with the provider on your behalf.

        Final Words

        The simple answer is yes; you can file a claim if you share some share in the accident. However, a few things to consider, like whether your state is at fault or no fault. If it’s an at-fault state, you can easily file the claim even if you share some fault.

        The claim is only not possible if your state follows no-fault laws or contributory negligence laws. This is why it’s important to do brief research about your state laws or consult the case with an experienced lawyer before proceeding with the claim.

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          How Many People Died In Car Accidents Every Year In The U.S.?

          How To Prove You Are Not At Fault In A Car Accident? Simple Steps!

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          How Many People Died In Car Accidents Every Year In The U.S.?

          By  Dan McCrary | April 12, 2024

          Do you know that approximately 1.19 million people die every year worldwide as a result of car crashes? With an additional 20 to 50 million people suffering injuries, these accidents leave families shattered and in mourning.

          If you don’t want this to happen to you or your loved ones, stay with us until the end of this guide. In this blog, we’ll discuss the number of people who die in car accidents every year in the U.S. and the main causes.

          You’ll also get the answer to how you can protect yourself from deadly accidents. So scroll down the page, and keep reading to know the shocking facts!

          How Many Car Deaths In The U.S. Each Year?

          The death toll from car accidents in the United States is alarming. According to a report, in the first six months of 2023, approximately 19,515 people died in car accidents. This figure represents the latest data and is notably higher than the numbers for the previous five years.

          In 2017, approximately 40,000 accidents were recorded, marking the highest figure in the past half-decade. Before 2017, the annual death toll ranged from 35,000 to 40,000, but there has been a rapid increase since then.

          In 2020, the number of deaths due to car accidents surpassed 42,000, followed by 46,000 in 2021. The government is also concerned about the deaths and is making new policies for drivers’ safety.

          The government has adopted Resolution A/RES/74/299 in the United Nations General Assembly. This resolution’s main purpose is to create road safety policies to reduce the number of deaths by 2030.

          4 Main Causes of Car Accidents In The USA

          Below are the main causes of car accidents in the USA. Reading about these causes can help you avoid making similar mistakes and protect yourself from potentially fatal accidents.

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          • Overspeeding: Overspeeding is one of the main causes of deadly accidents in the USA. According to the data, about 12,000 people died in car accidents related to overspeeding in 2022.
          • Drunk Driving: Getting drunk or drugged also increases the chances of road accidents. Despite strict rules and regulations, every day, about 37 people die in car accidents due to drinking and drugs.
          • Bad Weather: Weather conditions have a serious impact on driving safety. Heavy rain, snow, and slippery roads increase the chances of losing vehicle control, raising the risk of accidents.
          • Not Following Traffic Rules: Another common reason behind road car accidents is the disregard for traffic rules among teenagers. They don’t follow speed limit rules, turning guidelines, and other traffic regulations, which lead to dangerous accidents.

          Who Is At The Highest Risk To Die In Vehicular Accidents?

          On average, the risk of dying in a car accident is 1 out of 93. According to statistics, men make up a larger portion of fatalities compared to women. This is primarily because men tend to drive more miles. As a result, they experience three times more accidents.

          Apart from gender, certain age groups face higher risks of accidents. Teenagers and individuals who work aged 18 to 59 are particularly vulnerable to accidents. Older people are also at risk of car accidents.

          According to the report, the possibility of an older person dying in an accident is 20.7% to 22.7%, as they have a higher risk of chest injuries, which can be extremely dangerous. At the same time, the chances of teenagers dying from an accident are only 10.8% to 12.0%.

          How Do I Protect Myself From Accidents? 7 Effective Tips

          Here are tips to protect yourself from car accidents on the road. Follow all of these tips to ensure a safe journey.

          • Follow Driving Rules: The best way to protect yourself is to follow the driving guidelines. Most accidents occur when drivers ignore rules like running red lights, using mobile phones, or neglecting seat belts.
          • Take Care of Kids: Never allow children to sit in the front seat. Invest in a child seat for toddlers and place it securely in the back.
          • Strap on Your Seat Belt: Regardless of the trip’s length, always buckle up. It’s your best defense against serious injuries in case of a crash.
          • Keep Your Car Maintained: Regular car maintenance is crucial. Overlooking this aspect increases the chances of mechanical failures leading to accidents.
          • Extra careful while Night Driving: Drive extra cautiously when it’s dark. It’s harder to see at night, which makes accidents more likely.
          • Drive Defensively: Anticipate the actions of other drivers and be prepared to react to unexpected situations to avoid accidents.
          • Stay Sober: Never drive under the influence of alcohol or drugs. Impaired driving increases the likelihood of accidents.

          Final Words

          The number of deaths that happen every year due to accidents is around 40,000. The accidents occur for many reasons, with the most common being driving under the influence of alcohol, failing to follow traffic rules, and neglecting safety precautions.

          You can easily avoid these dangerous accidents by following the rules and paying high attention while driving. Remember, safety should always be your top priority on the road. Contact our car accident lawyers for legal assistance if you need more guidance.

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            Does Car Insurance Go Up If You’re Not At Fault For An Accident?

            How To Prove You Are Not At Fault In A Car Accident? Simple Steps!

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            Does Car Insurance Go Up If You’re Not At Fault For An Accident?

            By  Dan McCrary | April 5, 2024

            Will my car insurance go up if I’m not at fault for an accident? Yes, it’s a possibility. How much it will go up depends on many factors, such as the model of your car, the accident that happened, its overall damage cost, etc.

            Insurance companies do this to save money and minimize risk. Regardless of fault, what matters to them is how likely you are to end up in another accident. The worse your driving history, the higher the chances of accidents; thus, the price will increase.

            Below, we’ll explain the factors that affect insurance prices and how much, on average, the price can go up. We’ll also answer how you can prevent insurance prices from going up. So, let’s get started!

            Does Insurance Go Up If It’s Not Your Fault?

            Yes, insurance goes up even if it’s not your fault in many cases. It’s a higher possibility, especially in cases where the accident was serious and you also have a bad driving history, such as many other minor accidents, traffic violations, etc.

            The scenario mentioned above can label an individual as a “risky” driver who is more likely to cause another accident in the future. The insurer’s increased risk perception often results in higher premiums.

            How Much Does Insurance Go Up After An Accident?

            How much insurance premiums go up after an accident depends on the accident, the driver’s overall driving history, and the insurance company. Some companies have higher premiums after an at-fault accident than others.

            For instance, some insurers may raise premiums by up to 20% or even 40%, depending on their risk analysis. The greater the perceived risk associated with insuring a driver, the more the insurance company will charge.

            However, it’s important to remember the insurance premium won’t be high for the rest of your life. If you maintain a claim-free record and avoid traffic violations for a few years following the accident, your insurance premium will return to normal.

            5 Factors That Affect The Insurance Premium

            Let’s find out how the insurance company does the “risk analysis,” what factors it considers, and how they affect the insurance premium.

            1. The Vehicle

            Your vehicle’s model number and age are important factors for risk analysis. If you own a luxury vehicle with the latest technology, the insurance company would have to pay more to compensate for damages in case of an accident.

            Due to the higher compensation required, insurance companies usually charge more to insure such vehicles. At the same time, a not-so-expensive model car without the latest technology can be insured for a lesser amount.

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            2. Driving History

            A driver’s driving history plays a significant role in determining the insurance premium. Individuals with a clean record, with few to almost no accidents or traffic violations, are considered “safe” drivers by insurance companies.

            Such a record assures insurers that the driver hasn’t been involved in any legal issues and drives safely. This assurance is crucial for insurance companies since they are the ones who will be paying for damages in case of an accident.

            3. Location & Age

            The location and the driver’s age are also important factors. Due to their age and lack of experience, teenagers and older drivers (aged 70 or more) are considered more likely to encounter accidents because of slower reaction times.

            Besides age, where you live and drive matter a lot. Living in a city means countless vehicles on the road, increasing the chances of accidents compared to a small town. Both of these points often lead to higher insurance premiums.

            4. Marital Status

            As stated, car insurance premiums are based on how “risky” a driver is to insure. If the driver is prone to accidents, traffic violations, or speeding, it indicates that they may not be responsible enough, resulting in higher premiums.

            Insurance companies often consider the driver’s marital status to determine their responsibility. It’s believed that married drivers tend to drive more carefully than young drivers. However, it’s worth noting that this factor isn’t considered in two states: Massachusetts and Michigan.

            5. Credit Score & Coverage

            Your credit score holds weight in many states when determining your insurance premium. A good credit score often results in lower premiums, while a poor one might result in higher costs.

            Moreover, the coverage you select directly affects your insurance premiums. If you choose more extensive insurance coverage, you’ll have to pay higher premiums, offering greater protection in an accident.

            Can I Prevent My Insurance Rates From Going Up After An Accident?

            Technically, there’s no way to prevent insurance rates from increasing after an accident if that’s your fault. Almost every insurance company increases the cost, so they might ask for similar premiums even if you consider another insurance provider.

            However, many insurance policies offer “accident forgiveness” to drivers with a good record. The main benefit of an accident forgiveness policy is that it ensures that the driver’s insurance cost won’t increase due to the accident for the first time.

            Final Words

            In short, yes, car insurance goes up whether you’re at fault or not. This is because almost all insurance companies decide premiums based on factors such as driving history, location, age, and more, not solely on fault.

            A driver considered risky to insure will have a higher insurance premium after an accident. However, if your policy includes “accident forgiveness,” you may be spared from an increase for the first accident.

            If you encounter car insurance issues, consider contacting the experienced lawyers at McCrary Law Firm. Our lawyers can guide the process and help you claim compensation for the car accident if it’s not your fault.

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              How Much Should I Ask For Pain And Suffering From A Car Accident?

              How To Prove You Are Not At Fault In A Car Accident? Simple Steps!

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              How Much Should I Ask For Pain And Suffering From A Car Accident?

              By  Dan McCrary | February 1, 2024

              “Pain and suffering” is a legal term that refers to the pain of physical injuries and emotional trauma an individual has suffered since the accident. If this has happened to you, then you can claim compensation for your loss.

              The compensation will be according to the loss you’ve faced. If your injuries are serious, preventing you from going to the office or performing daily activities, and you are also facing emotional trauma, you will be able to get a higher amount of compensation.

              Below in this article, we’ll answer the question: How much should I ask for pain and suffering from a car accident? We’ll also explain what types of damages are recoverable and how you calculate the compensation amount.

              Who’s Eligible For A Pain And Suffering Claim For A Car Accident? 

              Before we go further in explaining the compensation for pain and suffering, it’s best to find out whether you’re eligible for it or not. Pain and suffering mean you’ve suffered emotional and physical pain due to the negligence of someone else. 

              For example, if you had an accident that happened because of the mistake of another driver and you got injuries and trauma or fear, you’re eligible for pain and suffering compensation. The more serious your condition is, the more the responsible party has to pay. 

              It’s important to note that you need to prove your claim about the emotional and physical loss. You also have to show doctor notes, your medical reports, photographs of injuries, and your treatment records from a psychiatrist or psychologist. 

              How Much Should You Demand For Pain And Suffering?

              How much you should ask for pain and suffering completely depends on your situation and loss. The best way to calculate your loss is by using the Multiplier method, which allows you to multiply the total loss by a number between 1.5 and 5. 

              In this method, you’ve to choose a multiplier number, a scale ranging from 1.5 to 5. The smallest number, which is 1.5, is for minor accidents; at the same time, number 5 is used to show the severity of the accident and the loss. 

              To calculate the non-economic damages, multiply the total economic loss by the chosen multiplier. For example, if your economic loss is $10,000 and you choose a multiplier of 3, your estimated pain and suffering damages would be $30,000.

              Don’t forget that the multiplier number should justify the severity of pain. You can’t ask for 5x compensation for a minor accident. If you’re unable to perform this task, the best thing to do is to contact a lawyer from our MCCRARY firm

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              What Types of Damages Are Recoverable With Pain And Suffering? 

              Now comes another important question: what type of damages are recoverable with pain and suffering? Although the pain and suffering claim is for emotional and physical pain, which can’t be calculated, the records of damages you’ve suffered can help in that regard. 

              As per law, various types of damages can prove your suffering, and your loss can be recovered. We’ve divided the loss into two types: one is physical damage, and the second is emotional damage, the details of which you can read below. 

              1. Physical Pain And Suffering Damage 

              Physical damage includes all minor to serious injuries like fractures of bones, broken bones, brain, spinal cord, soft tissue injuries, and so forth. You can also ask for loss of wages or disability caused by an accident. 

              2. Emotional Pain And Suffering Damage

              Emotional damage includes the pain and trauma you’ve faced mentally. For example, anxiety, depression, post-traumatic disorder, emotional distress, etc. To claim compensation, you should keep records of treatments and how these emotional struggles affect your daily life. 

              How Do Insurance Companies Calculate Pain And Suffering Compensation?

              The most common method for insurance companies to calculate the pain and suffering compensation is the Multiplier method. With this method, you get 1.5x to 5x the amount of your financial loss, depending upon the severity of your injuries and emotional trauma. 

              Another method is the Per Diem method, which isn’t used in all states. The process of calculating the loss with this method is that the insurer will set a specific amount for a day, like $100, and multiply it by the total days you’ve suffered due to the accident. 

              If you are admitted to the hospital for three months with this detail, the insurer will multiply $100 to 90 days, and the claim would be $9000. The amount of daily loss would be determined after considering the severity of your accident case. 

              Final Words

              The total amount you can ask for pain and suffering from a car accident depends on the pain you've suffered after the accident. This not only means physical injuries but also the emotional distress and trauma endured.

              The claim amount would be calculated with either the Multiplier method or the Per Diem method. To prove this claim, you must document all your financial losses and the problems you've faced medically.

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                What Is The Main Cause of Car Accidents In Northern California?

                How To Prove You Are Not At Fault In A Car Accident? Simple Steps!

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                What Is The Main Cause of Car Accidents In Northern California?

                By  Dan McCrary | January 26, 2024

                California is one of those states where car accidents happen frequently. According to research, approximately 250,000 car accidents occur in California every year, and in 2022, about 4099 people died due to motor vehicle accidents.

                These accidents happen for various reasons, sometimes due to high speeding, aggressive driving, alcohol or drug-impaired driving, and so forth. Whatever the reason is, these accidents can result in the loss of innocent lives.

                Today, we’ll discuss the leading causes of car accidents in Northern California. This will help you understand the primary reasons behind the increase in fatalities. Stick with us until the end to gain a comprehensive understanding of this critical issue.

                Top 7 Causes of Car Accidents In Northern California

                After our in-depth research, we’ve found seven main reasons for car accidents in Northern California. These are the most common causes, but there could be other reasons depending on the driver, the car, and the road conditions.

                1. Overspeeding, Primary! 

                Overspeeding is the biggest cause of accidents in California. It simply means the situation when the driver drives way too fast on a road. Accident happen because when a driver overspeeds, the ability to drive safely around a curve or object becomes compromised. 

                That’s the reason behind the high rate of accidents involving speeding. As per the govt report of Speeding-Related Fatality Trends, California, about 29.1% of accidents in California were related to overspending in 2016. 

                2. Alcohol Or Drug Impaired-Driving 

                The second main reason for accidents is alcohol or drug-impaired driving. Both of these things can reduce the ability to concentrate on the road and sometimes even cause serious drowsiness, which is why an accident happens. 

                Due to the serious consequences, the Govt has made laws against driving under the influence of alcohol or drugs. Unfortunately, the results aren’t very reassuring. According to the California government, 52.9% of drivers involved in car crashes tested positive for drugs in 2021. 

                3. Neglecting Traffic Rules 

                Traffic rules aren’t only made to control or manage the traffic on the road but also for the safety of drivers. However, it’s commonly seen that drivers ignore rules whenever they think they can get away with it, leading to serious car accidents. 

                Some people don’t even wear helmets or use car safety belts, which also increases the number of fatalities. In 2021, the deaths of motorbike riders increased by about 9% from the previous year because they didn’t wear helmets while riding. 

                4. Poor Conditions of Road 

                The next reason that causes car accidents is the poor conditions of the road. Although the local government has strict criteria for the safety standards of the road, sometimes a lack of road signs, narrow lanes, weak lane markings, and potholes cause accidents. 

                If it happens to you or any of your family members, you can take legal action against the responsible party. For more information, you can get help from our MCCRARY law firm with free consultation. 

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                We’re here to help 24/7.
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                5. Drowsy Driving 

                Drowsy driving occurs when a driver hasn’t gotten enough sleep, which is especially common for those working long hours. This happens a lot with people who have driving jobs and can’t get enough sleep due to their workload.

                In such situations, accidents are more likely to happen because the driver feels sleepy or fatigued while behind the wheel. This is the main reason why the government has made laws about how many hours a driver can drive daily. 

                6. Teenage Drivers

                Another common reason for car accidents in Northern California is teenage drivers. According to a report, deaths resulting from teenage car driving (age 15 – 20) increased by about 14.8% in 2021, reaching 474 fatalities in California.

                The concerning aspect is that it remains a significant contributor to car accidents. Teenagers often lack proper driving training, which is a crucial factor in ensuring safe driving practices. Insufficient training contributes to the higher incidents of accidents.

                7. Car Fault 

                Car faults aren’t common because vehicle manufacturers have high standards for safety, but mistakes can happen. If it’s the case with you, like while driving your new car, some parts fail to work, and an accident happens, you can get legal help from lawyers for a product liability claim. 

                The lawyer will send a legal notice to the car manufacturer stating the defect or design flow of the car and the damage it has caused. If you prove in court that the injuries resulted from the car’s fault, the manufacturer will have to pay compensation for your loss. 

                Final Words

                In short, the answer to what is the main cause of car accidents in Northern California is that there are various reasons. The main causes include overspeeding, alcohol or drug-impaired driving, neglecting traffic rules, road conditions, teenage driving, car faults, and drowsy driving.

                In most conditions, the driver will be held accountable, like driving under the influence of drugs or neglecting traffic rules. But the driver can take the case to court if the accident happens because of the government's fault (poor road conditions) or the manufacturer's (car fault).

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                  Should You Move Your Car After An Accident? Learn Here!

                  How To Prove You Are Not At Fault In A Car Accident? Simple Steps!

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                  Should You Move Your Car After An Accident? Learn Here!

                  By  Dan McCrary | December 16, 2023

                  The question of should you move your car after an accident often comes to mind. There’s a common belief that you shouldn’t touch anything in accident cases until the police arrive, and that’s true to some extent. 

                  However, if your car is blocking traffic or causing a roadblock, moving it to a safer spot is okay, but there are some exceptions. In some cases, you shouldn’t move your car or even a small object from the accident scene even if the road is blocked. 

                  To help you, we’ll answer the exceptions in which moving your car from the accident scene creates a legal issue and what exactly you should do after a car accident. So, let’s get into the details below! 

                  Is It Illegal To Move Your Car After an Accident?

                  Fortunately, there’s no obligation from the law for you to move your car to a safe place after an accident; it’s also a recommended step. By doing this, you’ll make sure traffic remains in flow, preventing road congestion. 

                  According to California Vehicle Code Section 20002

                  “The driver of any vehicle involved in an accident resulting only in damage to any property, including vehicles, shall immediately stop the vehicle at the nearest location that will not impede traffic or otherwise jeopardize the safety of other motorists.” 

                  The police and ambulance for medical help can also reach you on the spot easily if there’s no traffic jam on the accident road. Moreover, this step reduces the risk of another accident due to the roadblock.

                  The best places to move your car after an accident are parking spots or the shoulder of a highway. But remember, it’s not necessary; your safety and health always come first. If you cannot move or feel pain, it’s advisable to wait for medical help.

                  Once medical help comes, explain your situation to them, ensure you’re in good health, and then proceed to move your car. The law doesn’t force an injured person to move their vehicle until they are physically able to do so.

                  When To Not Move Your Car After An Accident?

                  Besides your health, there are many other situations in which you shouldn’t move your car after an accident. Otherwise, you may face legal consequences because moving a car in particular situations can risk your or others’ lives. 

                  1. Totalled Car: The first situation in which you shouldn’t try to move the car is when it’s totalled completely or running improperly. In these situations, the car isn’t safe to move, and it might lead to another dangerous accident. 
                  2. Unstable Road: In some cases, the debris of the car crash comes in the way while parking the car in a safe place. If this is the situation, you shouldn’t move the car because while doing this, you might get injured. 
                  3. Explosion Hazard: A strong gasoline smell inside or near the car means the fuel tank is leaking. It’s dangerous as a leaking fuel tank could lead to an explosion or fire. Hence, you should better stay away from the car. 
                  4. Death or Serious Injury: If you or the driver in the other car is seriously injured or someone died due to the accident, don’t move the car. Doing so can mess up the evidence and make injuries worse.

                  Have a question?
                  We’re here to help 24/7.
                  Call or Text Us Now (855) 752-6326

                  What To Do After A Car Crash: 3 Simple Safety Steps

                  Now you know when you should move the car and in which situations, let’s focus on what you should do besides that. Below, we’ll explain the three simple steps that ensure your safety and save you from potential legal issues in car accident cases. 

                  1. Prioritize Your Health 

                  The first and most important step is to prioritize your health. Make sure you and the other driver are safe, and there are no serious injuries. If someone is injured or feeling severe pain, call 911 for medical assistance.

                  2. Contact Local Police 

                  While waiting for medical help, contact the police and officially report the car accident. Remember to document the accident by taking pictures and videos. This documentation can assist a car accident lawyer to prove who was at fault to insurers or a judge in court.

                  3. Exchange Contacts 

                  Lastly, exchange contact information with the other driver. If there’s no driver present, leave a note with your phone number and email. It ensures the driver can reach you, and both parties can work towards a mutual settlement to cover financial losses.

                  Conclusion

                  Whether you should move your car after an accident depends on the circumstances. If everyone is safe, including you, with no severe injuries, there's no issue with moving the car. In fact, it's recommended by the law (California Vehicle Code Section 20002).

                  However, if you're injured, someone has died, the car is totaled, the road is unstable, or fuel is leaking from the car, it's best to stay away from the car. In these situations, moving the car can lead to another mishap.

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                    Leaving The Scene of An Accident In Northern California (Hit And Run In Accident)

                    How To Prove You Are Not At Fault In A Car Accident? Simple Steps!

                    Home  »  BlogsCar Accident

                    Leaving The Scene of An Accident In Northern California (Hit And Run In Accident)

                    By  Dan McCrary | December 10, 2023

                    Leaving the scene of an accident in Northern California is common. Although it’s problematic for drivers and victims, the side that suffers most is the victim. They get to deal with injuries, mental trauma, medical bills and the legal process of settlement with the driver. 

                    Although, in many cases, the driver gets to deal with legal repercussions. However, it only happens if the person who got hit takes them to court, and there’s enough proof to show who did it, so whether you get justice or not depends on various factors. 

                    To help you out, we’ll explain what can happen to the driver in a hit and run accident case according to California law. We’ll also share a detailed guide about what you should do if someone leaves you after causing a car accident.

                    What Will Happen To The Driver In Hit & Run Case?

                    As the name suggests, hit-and-run accident cases mean when a driver hits a car and leaves without informing police or the owner of the other car. Any driver who does that will have to face consequences. According to the California law vehicle code 20002

                     The driver of any vehicle involved in an accident resulting only in damage to any property, including vehicles, shall immediately stop the vehicle at the nearest location that will not impede traffic or otherwise jeopardize the safety of other motorists. Moving the vehicle in accordance with this subdivision does not affect the question of fault.

                    Drivers who don’t stop hitting someone’s car and leave immediately will face charges of misdemeanor crime. In case no one is in the car, you should leave a note with your contact details and inform the police on the spot. 

                    Failing to comply with the laws will get you into legal and financial trouble. A driver might end up in jail for up to six months, be fined up to $1000, or even face both consequences. If the case involved death, the driver will have to face the felony hit-and-run charges. 

                    Felony hit-and-run charges are more serious than misdemeanor charges because they involve death. In these types of cases, the driver might get imprisoned for up to 4 years and fined between $1000 to $10,000.

                    Have a question?
                    We’re here to help 24/7.
                    Call or Text Us Now (855) 752-6326

                    What Should Victims Do In Hit & Run Accident Cases?

                    If you want to get justice by getting all the losses you had in the accident by charging the driver, you must follow the proper way. Many of your minor mistakes can work in the driver’s favor, so it’s important to be careful about what you do next. 

                    1. Ensure Your Safety 

                    The first step you should take is to ensure your safety. Try to move your hands and legs, and check yourself carefully to find out whether you’ve any injury or not. If you feel pain anywhere in your body and cannot walk, seek medical help immediately. 

                    Contact 911 for emergency situations and medical help. Once you’re sure everything is fine, contact the police. It’s an important step as police will come and examine the accident scene and take pictures and videos of the area, which helps a lot in cases. 

                    2. Identify The Driver 

                    After ensuring your health, think about the driver. Try to remember the car model, car color, and what exactly happened at the time of the accident. It’s best to note these details on a notebook or mobile phone so you can share everything with lawyers. 

                    You can also talk to the individuals who are present at the accident scene. They might be able to share information that can prove helpful in the case. If there are any witnesses, be sure to obtain their contact details. Your lawyers can contact the witness to record their statements. 

                    3. Collect Evidences 

                    The next step is to collect as much evidence as possible. Depending solely on police reports and evidence isn’t the best idea. Snap photos of your car, the accident spot, and any damage to the road caused by the other driver’s carelessness. 

                    Having these pictures can really help later on in the court. Your lawyer can use the picture to show the financial loss you’ve suffered. Also, see if there’s any CCTV footage from the area. That could be helpful, too.

                    4. Hire A Car Accident Lawyer

                    The last step is hiring a lawyer, for which you can contact our MCCRARY Law Firm. This step is crucial if you want to win the case. Our lawyer will hear your side and talk to the driver to settle your losses.

                    We’ll also help communicate with the driver insurer company so you can get a fair settlement amount. In case of disagreement, you can go to court, and our lawyers will also assist in this process. 

                    Final Words

                    To sum up, leaving the scene of an accident in northern California is a crime. According to the California law vehicle code 20002, the driver should stop the car immediately and park in the corner of the road, contact the police and share the information with the other driver.

                    Any driver who fails to follow the steps as per the law will be punished with misdemeanor charges. In case of death, the driver will be charged with felony charges leading to imprisonment of up to 4 years and a $1000 to $10,000 fine.

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