Getting Ahead After Being Rear Ended: Injury Claim Guidance and Resources

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Rear-End Car Accident Lawsuits

Were you recently in a rear-end car accident, or “fender bender?” If so, then you know these are not minor accidents. Even though they tend to occur at low speeds, rear-end collisions can be frightening. They can also result in serious, painful and fatal injuries.Rear End Collision

If you believe another person’s negligent or reckless driving caused your rear-end crash, you should take immediate steps to protect your legal rights. Contact Neblett, Beard & Arsenault today. You can call 800.256.1050 or connect with us online.

We have experience with handling a wide range of personal injury claims throughout Louisiana, including those involving rear-end collisions. We can get to work right away on seeking the compensation you deserve.


At Neblett, Beard & Arsenault, our goal is to prepare the strongest case possible for a settlement demand or for the courtroom. We believe this requires a thorough investigation and aggressive representation.

Our lawyers will work closely with our investigators and accident reconstruction experts to determine why your rear-end car crash occurred and who was at fault.  Evidence we may collect and analyze includes:

  • Photos of damaged vehicles and the crash scene taken by you, the police or bystanders
  • Physical evidence, including tire marks (or a lack of marks)
  • Witness statements
  • Surveillance video or red light camera footage
  • Black box data
  • Cell phone records
  • Police accident report
  • Alcohol or drug test results of the other driver.

In many rear-end accident cases, fault can be clearly established (and often lies with the driver in the rear vehicle). Often, the issue is how much you are entitled to recover.

We can deal directly with the insurance companies for you and seek a full and fair settlement of your claim without the need to go to court. In many cases, we can obtain a settlement without even needing to file a lawsuit. However, if we must go to court, we will be ready to present a solid, carefully prepared case on your behalf.

financial compensationWhile your personal injury case is pending, we can help you with filing claims for the repair or replacement of your vehicle. We can also make sure that you receive the medical care you need for your recovery.

We believe that car accident victims and their families deserve that highly dedicated, individualized legal service and close attention to their needs.


Every accident is different. However, in rear-end crashes, driver distraction tends to be a common cause – specifically, distraction of the driver in the rear vehicle.

An analysis of rear-end collisions that was done several years ago by the National Highway Traffic Safety Administration (NHTSA) found that they are frequently caused by the rear driver’s failure to react when the front driver slows or stops. This is often because the rear driver is following too closely, or “tailgating,” or because the driver is distracted by:

  • A driving-related activity (such as checking a mirror)
  • Eating or drinking
  • Daydreaming
  • Talking or interacting with passengers
  • Using a cell phone to talk or text.

For this reason, we make obtaining cell phone records and investigating other potential causes of distraction a priority when we examine rear-end crashes on behalf of our clients at Neblett, Beard & Arsenault.

However, there can be other causes of rear-end accidents, including:

  • Driver fatigue
  • Impairment by drugs or alcohol
  • Defective auto parts (such as brake failure)
  • Reckless or aggressive behavior.

While the rear driver frequently is at fault in rear collisions, it is not the case in every crash of this type. In fact, the driver in front may be at fault if he or she:

  • Hits the brakes suddenly
  • Turns or pulls into an adjoining lane without using signals
  • Fails to completely get off the road when dealing with a breakdown.

A driver in the front may also be responsible for taking a car on the highway with defective tail lights or brake lights, which can prevent the driver in the rear from seeing the car or noticing when it stops or slows down.


A rear-end car accident can result in serious injuries that require expensive medical treatment. As we have seen in our practice, common rear-end car accident injuries are:

  • Arm injuries (including cuts and fractures)
  • Seat belt-related injuries to the neck and chest
  • Whiplash (a painful soft tissue injury that affects the neck)
  • Back and spinal cord injuries
  • Facial cuts and scarring
  • Traumatic brain injury (including concussions).

If you or a loved one has suffered harm in a rear-end accident that was caused by another driver, you have the right to seek a full recovery of all expenses – including the costs of medical care and treatment – that you incur due to the crash. This includes the costs of:

  • Emergency treatment
  • Surgery
  • Casts or braces
  • Assistive devices
  • Medication

Additionally, you have the right to seek the recovery of any wages you have lost and any diminished ability to earn income in the future due to your accident-related injuries. You may also seek compensation for your mental and physical pain and suffering.

getting the most compensationAt Neblett, Beard & Arsenault, our goal will be to seek the maximum amount in compensation for you. We can review all insurance policies involved in your case, including the at-fault driver’s liability coverage and any uninsured motorist/underinsured motorist (UM/UIM) coverage available through your own insurance policy.

Never accept a settlement offer from an insurance company – or even give a recorded statement to an insurer – without first talking with an attorney. You don’t want to agree to a settlement that fails to justly compensate you or say anything that may be used against you.

Have You Been Injured In A Louisiana Car Accident?

If you've been hurt in a car accident you need to speak with an experienced car accident attorney as soon as possible. Please contact us online or call our Alexandria office directly at 318.541.8188 to schedule your free consultation.

Richard J. Arsenault
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Recognized by several legal associations, Richard Arsenault has vast experience in complex litigation cases.