What are my legal options after being rear ended in a car accident?

If you are rear-ended in a car accident, then it is usually a pretty clear cut example of a situation where the driver in the rear will be considered to be legally responsible for that accident. While there are times when the driver in front shares some of the blame for causing the accident, most of the time the driver in the back takes at least some- if not all- of the responsibility. The reason this is the case is because the driving laws in every state require drivers to maintain a safe distance so they can stop before they hit you. If someone hit you, by definition, he or she did not maintain that safe distance. 

So, what are your legal options for recovering your damages against the driver in the rear who hit you? The answer to that depends on a few things. 

• Where do you live? In fault states, you can sue for any injury. In no fault states, you can only recover from your own insurer unless the injuries are defined as serious under the law. 
• How serious are your injuries? In fault states, you'll recover more for a serious injury than a non-serious one. The reason this is the case is because your damages will cover medical bills, lost wages, pain and suffering and emotional distress. By definition, a serious injury will cause the amount of compensation for all of these factors to be higher. In no fault states, the seriousness of the injuries is even more important because if your injuries fall within the no fault law's definition of "serious," you'll be allowed to pursue your pain and suffering and emotional damages against the party responsible for the accident.

To get help understanding all of your legal options after your car accident, you should strongly consider speaking with a lawyer.