Phoenix Personal Injury Lawyer Blog

Rear-End Crashes

Posted by Jay L. Ciulla | Aug 04, 2016 | 2 Comments

Rear-end crashes are one of the most common scenarios that I see in my Phoenix personal injury practice. These rear-end accidents are especially egregious because they typically whip the victim's neck back and forth, causing cervical strain/sprain, and sometimes serious injury including concussion.  This happens because our necks are simply not strong enough to sustain the force of moving forward, stopping and then being forced backwards.  In order to sustain forces of a rear-end crash effectively humans would basically not have a neck (See the simulated crash proof humanoid Graham – he has no neck!). 

The most common scenario involves one driver stopping or slowing due to traffic conditions and the driver behind them negligently fails to stop. Why does this happen?  Speed, following too closely and inattention are the most common factors. The at-fault driver is typically driving at a speed that is too fast for conditions, not leaving a safe distance between the car in front and often not paying close attention to the roadway. They may be recklessly texting while driving or under the influence of alcohol, but more commonly, simply not focusing on the task at hand. So, slow down, keep a safe distance between cars and pay attention; you probably won't rear-end somebody.

About the Author

Jay L. Ciulla

Jay L. Ciulla is a native of Phoenix, Arizona. Since 1997, he has been helping injured injured people with their legal issues. He has extensive litigation and trial experience and has represented clients in more than one hundred trials.

Comments

C L Reply

Posted Dec 17, 2016 at 08:07:16

Given how often rearend collision occur and the reason they occur, is there any way to punish the person at fault to serve as a deterrent to make them get off their phones and pay attention?

Jay L. Ciulla Reply

Posted Dec 27, 2016 at 10:53:53

Yes, but the punishment is usually a fine and points on the license, it is certainly a violation of Arizona law if a driver causes rear-end collision. In that case, the driver has committed a civil traffic violation of (Failure to Control Speed) A.R.S. § 28-701(A), which states:

A person shall not drive a vehicle on a highway at a speed greater than is reasonable and prudent under the circumstances, conditions and actual and potential hazards then existing. A person shall control the speed of a vehicle as necessary to avoid colliding with any object, person, vehicle or other conveyance on, entering or adjacent to the highway in compliance with legal requirements and the duty of all persons to exercise reasonable care for the protection of others.

Also, they are in violation of ARS § 28-730(A) (Following too close), which states:

The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent and shall have due regard for the speed of the vehicles on, the traffic on and the condition of the highway.

Many cities in Arizona, including Phoenix, have passed ordinances banning using a cellular phone while driving.

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