Call Us 919-240-4054A rear-end collision while stopped at a red light, stop sign, or in traffic is one of the most common types of traffic crashes in North Carolina. These crashes can cause serious injuries, even at relatively low speeds, due to the sudden, unexpected impact on your body.
If you’ve been rear-ended and injured while stopped, you likely have questions about your legal rights and what kind of settlement you might expect. At Johnson & Groninger PLLC, we have represented thousands of people injured in rear-end collision cases, and while they might seem simple, like any other North Carolina injury case, there are potential traps that could derail your claim or prevent you from getting the compensation you deserve. Here’s what you should know about getting a fair settlement after being rear-ended while stopped.
Liability in Rear-End Collision Cases
The good news about being rear-ended while stopped is that liability is usually clear. When a driver hits you from behind while you’re properly stopped, they are almost always considered at fault. This is because:
- All drivers have a duty to maintain a safe following distance
- Drivers must be able to stop safely when traffic ahead stops
- A stopped vehicle has the right-of-way over vehicles approaching from behind
Unlike many other types of crashes where fault might be disputed, rear-end collisions while stopped typically establish a strong liability case against the driver who hit you.
North Carolina’s Contributory Negligence Rule
Despite clear liability in most rear-end cases, it’s crucial to understand North Carolina’s contributory negligence rule. Under this strict rule, if you are found even 1% at fault for the crash, you may be completely barred from recovering compensation.
Insurance companies know this and might try to argue you contributed to the crash by, for example:
- Having non-working brake lights
- Stopping suddenly without cause
- Being illegally stopped or parked
- Reversing unexpectedly
Even in a seemingly clear-cut rear-end collision, the insurance company might look for ways to assign some blame to you. This makes it important to document the crash scene thoroughly and gather evidence showing you were properly stopped when hit.
Common Injuries from Rear-End Collisions
Rear-end crashes often cause specific types of injuries that can significantly impact your settlement amount. These typically include:
Whiplash and Neck Injuries
When your vehicle is struck from behind, your head may snap forward and then backward rapidly, causing strain to the soft tissues in your neck. Whiplash symptoms may include:
- Neck pain and stiffness
- Headaches
- Shoulder, upper back, and arm pain
- Dizziness
- Fatigue
- Long term or permanent injuries to the spine
Back Injuries
The impact can compress your spine or cause your body to twist unnaturally, potentially resulting in:
- Herniated discs
- Spondylolisthesis (vertebrae slipping out of place)
- Spinal fractures such as compression or transverse fractures
- Soft tissue damage
- Spinal cord injuries in severe cases
Head Injuries
Your head might strike the steering wheel, dashboard, or headrest during impact, potentially causing:
- Traumatic brain injuries (TBIs) (which include “concussions”)
- Facial injuries
Other Common Injuries
- Knee injuries from hitting the dashboard
- Wrist and arm injuries from bracing for impact
- Shoulder injuries from seatbelt restraint
- Psychological trauma including anxiety while driving
The severity of these injuries plays a major role in determining your settlement amount.
What Factors Affect Your Rear-End Collision Settlement?
If you’ve been rear-ended while stopped, several factors will influence the potential settlement value of your case:
1. Severity of Your Injuries
The more serious your injuries, the higher your potential settlement. Injuries requiring surgery, extensive treatment, or resulting in permanent impairment typically lead to larger settlements than minor injuries.
2. Medical Expenses
Your settlement should cover all reasonable medical expenses related to the crash, including:
- Emergency room visits
- Doctor appointments
- Diagnostic tests (X-rays, MRIs)
- Medications
- Physical therapy
- Chiropractic care
- Future medical needs
Keep all medical bills and records, as these will be critical evidence for your claim.
3. Lost Income
If your injuries caused you to miss work or reduced your earning capacity, you can claim these losses. This includes:
- Wages lost while recovering
- Sick or vacation time used
- Reduced earning capacity if you can’t return to your previous job
- Future income losses for long-term injuries
4. Pain and Suffering
This non-economic damage compensates you for physical pain and emotional distress caused by the crash. Factors affecting pain and suffering damages include:
- Intensity and duration of pain
- Impact on daily activities
- Psychological effects like anxiety or depression
- Loss of enjoyment of life
5. Property Damage
The damage to your vehicle can also affect your overall settlement. Severe vehicle damage may support claims of serious impact and injury.
6. Insurance Policy Limits
Your settlement may be constrained by the at-fault driver’s insurance policy limits. In North Carolina, drivers are only required to carry:
- $50,000 per person for bodily injury
- $100,000 total per accident for bodily injury
- $25,000 for property damage
If your damages exceed these limits, you may need to look to your own underinsured motorist coverage or pursue other sources of compensation.
The Settlement Process After Being Rear-Ended While Stopped
The process of reaching a settlement after being rear-ended while stopped typically follows these steps:
1. Investigation and Documentation
This includes gathering:
- Police report
- Witness statements
- Photographs of the crash scene
- Traffic camera and police body cam footage (if available)
- Vehicle damage documentation
- Medical records and bills
2. Medical Treatment and Recovery
Before considering settlement, you should:
- Complete all necessary medical treatment
- Reach maximum medical improvement (MMI)
- Understand any future medical needs
Settling too early, before the full extent of your injuries is known, can result in receiving less than you deserve.
3. Demand and Negotiation
Once your damages are understood, a claim package letter is sent to the insurance company outlining your injuries and losses. This begins a negotiation process that may involve several rounds of offers and counteroffers.
4. Settlement or Litigation
Most rear-end collision cases settle without going to court. However, if the insurance company refuses to offer a fair settlement, filing a lawsuit may be necessary.
Common Mistakes That Can Reduce Your Settlement
To maximize your settlement after being rear-ended while stopped, avoid these common mistakes:
- Delaying medical treatment – Seeing a doctor promptly establishes a clear link between the crash and your injuries.
- Making a recorded statement – The at-fault driver’s insurance company may try to use your words against you.
- Accepting a quick settlement – Early offers rarely account for the full extent of your injuries and losses.
- Posting on social media – Insurance companies may monitor your accounts for evidence that contradicts your injury claims.
- Not following medical advice – Skipping appointments or ignoring treatment recommendations can harm your case.
Talk to an Attorney About Your Rear-End Collision Case
If you’ve been rear-ended while stopped in North Carolina, understanding the value of your potential settlement is important. Insurance companies may try to minimize your claim or find ways to use North Carolina’s contributory negligence rule against you.
At Johnson & Groninger PLLC, we handle the claims process for our clients and fight for fair compensation. Contact us for a free consultation about your case.
The information in this blog post is general in nature and should not be considered legal advice for your specific situation.