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Virginia Injury Blog
Rear-end Collisions in Virginia and North Carolina

My hometown motivates me to work hard for my client and get results.- John Cooper

Attorney at Cooper Hurley Injury Lawyers

Rear-end Collisions in Virginia and North Carolina

Rear-end accidents are one of the most common types of collision we see on the highways of Virginia and North Carolina.

They often occur during congestion and are fenders benders. But, as Virginia personal injury lawyers, we don’t downplay these kinds of wrecks.

Rear-end collisions can cause deaths or very serious injuries. This is particularly the case if you are hit behind by a heavy vehicle like a tractor-trailer.

There is a well-known presumption that rear-end car accidents are always the fault of the driver who rear-ended the vehicle in front. This is not always true.

a rear-end car wreck

For example, you may have been rear-ended, and the force could push you into the back of the car in front of you. In such cases, the wreck is not your fault. The driver of the car that is rear-ended may also be at fault in some of these wrecks.

However, Virginia has a contributory negligence law. If you are just 1 percent to blame for your wreck, you may not be able to make a recovery. However, you should never assume you were to blame. By talking to a personal injury lawyer, we can tell you if you have a case to pursue.

Negligence is the legal term that’s used when someone’s conduct falls below an established standard of care. You are considered to be negligent if your actions fall short of what a reasonable person would have done in the same circumstances.

An example of negligence is when a driver changes lanes without checking properly if the road is clear.

All drivers in Virginia and North Carolina owe each other a duty of care when operating a motor vehicle. In a personal injury lawsuit, it’s our job to prove the other driver breached their duty if we take on your case. Here are some examples of negligence on the highway that can lead to rear-ender crashes.

  • Filing to stop within a reasonable time
  • Failing to pay attention and look out for dangers
  • Not driving at a reasonable speed. A driver does not only have to drive below speed limits but to maintain a speed that’s safe for the highway conditions.
  • Not maintaining properly control your vehicle;
  • Failing to yield the right of way
  • Not using use your turn signals and
  • Failing to follow at a safe distance behind the vehicle in front of you.

To find out more about car accidents in Virginia see our page about types of wreck here. If you have been rear-ended and hurt in an accident, please call us at (757) 455-0077.

John Cooper

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John Cooper

John Cooper is a veteran of personal injury law practice in Virginia. A native Virginian, he was raised in Norfolk and Virginia Beach. He has more than 20 years of experience handling personal injury cases and recently handled the largest auto accident settlement in 2010, according to VA Lawyers Weekly. The award provided $3.5 million to a child whose young father died when the vehicle he was a passenger in was rear-ended by a careless truck driver.

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Jim Hurley

Jim Hurley has been practicing law throughout Virginia for more than two-and-a-half decades. During his career, he has tried more than 100 jury trials — a staggering number — and handled hundreds more that were settled out of court. He is guided by the principle that the client is in charge of his or her case and should be kept fully aware of the litigation process. Jim has been awarded an AV Rating by Martindale-Hubbell, the highest rating given, for his practice of law. He was named in Virginia Super Lawyers in 2014, 2015, 2016.

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Bill O’mara

Bill O’Mara started his legal career in 2008, moving back to his home town of Chesapeake, VA. He has practiced in the field of plaintiffs’ personal injury and other litigation. He has gained extensive court room and trial experience, including contested trials before judges and juries across Hampton Roads. In 2014, Mr. O’Mara joined Cooper Hurley Injury Lawyers as an associate attorney. He became a partner in 2017.

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