Personal Injury Attorney San Bernardino

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San Bernardino Rear-End Accident Lawyer

Rear-end collisions remain one of the most common types of accidents on San Bernardino roads.

When another driver strikes your vehicle from behind, the impact can cause devastating injuries that may not become apparent for days or weeks after the collision.

You might assume that proving fault in these cases is straightforward, but insurance companies often dispute liability, challenge the severity of your injuries, or attempt to shift blame to minimize their payout.

Our experienced San Bernardino rear-end accident lawyers understand the physical pain and financial stress that follows a rear-end collision.

At Krasney Law Accident Attorneys, we know the tactics insurance companies use to devalue your claim, and we have the experience and resources to counter their strategies effectively.

Whether your case involves disputed fault, serious injuries, or an uninsured driver, our experienced rear-end accident attorneys in San Bernardino are prepared to protect your rights and pursue the maximum compensation you deserve.

We offer a free consultation to evaluate your case, and you pay no fees unless we win. Call (909) 380-7200 now for immediate help with your rear-end accident claim.

Do You Need a San Bernardino Rear-End Accident Lawyer?

You may wonder if hiring an attorney is necessary after what seems like a simple fender-bender. However, you should seek legal guidance if you find yourself in any of these situations:

  • Serious Injuries: Neck pain, back injuries, or headaches require medical attention and proper compensation for current and future care
  • Disputed Fault: The other driver is blaming you or changing their story about what happened
  • Lowball Insurance Offer: Adjusters often make quick, low offers hoping you’ll accept before understanding your injuries
  • Complex Insurance Issues: The at-fault driver has no insurance, fled the scene, or multiple vehicles were involved

Even minor symptoms can develop into serious conditions requiring extensive treatment. Don’t let insurance companies take advantage of your unfamiliarity with the claims process.

Why Choose Krasney Law Accident Attorneys

You have seen the ads for mega-firms that handle thousands of cases at once, where your case gets lost in the shuffle. At Krasney Law, we provide the personal, one-on-one attention your case deserves.

You will work directly with an experienced San Bernardino rear-end accident attorney who is dedicated to your well-being and achieving the best possible outcome. We are a trusted member of the San Bernardino community and understand local courts and insurance practices.

Is the Rear Driver Always at Fault in California?

In California, there is a legal presumption that the driver who rear-ends another vehicle is at fault for the collision. This presumption exists because every driver has a duty to maintain a safe following distance and watch the road ahead.

However, this presumption can be challenged in certain situations. An experienced accident attorney in San Bernardino can investigate cases where the lead driver may share fault:

  • Suddenly reversing into traffic without warning
  • Brake-checking or stopping for no legitimate reason
  • Driving with broken or non-functioning tail lights
  • Making a sudden, illegal turn without proper signaling
  • Cutting in front of another driver without adequate space

How We Prove Fault in Rear-End Collisions

Insurance companies often try to shift blame or minimize their driver’s responsibility. To overcome these tactics and establish clear liability, we conduct a thorough investigation using modern technology and proven methods.

Step 1: Secure Traffic and Dashcam Video

Video evidence is one of the most powerful tools for proving fault in any collision. We immediately send preservation letters to secure footage from traffic cameras at major San Bernardino intersections, nearby businesses with security systems, and vehicle dashcams before the footage is automatically erased.

Many drivers now have dashcams, and surrounding vehicles may have captured the moments leading up to your crash. This evidence can show speeding, distracted driving, or other negligent behaviors.

Step 2: Preserve Vehicle EDR and Phone Records

Modern vehicles contain an Event Data Recorder (EDR), often called a “black box,” that records crucial data like speed, braking force, and steering input in the seconds before impact. We work quickly to preserve this electronic evidence before it can be lost or destroyed.

We can also subpoena the at-fault driver’s phone records to determine if they were texting, calling, or using apps at the time of the crash. This creates powerful evidence of distracted driving.

Step 3: Inspect Brakes, Tail Lights, and Roadway Evidence

Our investigators examine the physical evidence that tells the story of your accident. Vehicle damage patterns can reveal the speed and angle of impact, while skid marks on the roadway show braking distance and driver reaction time.

We also inspect the functionality of brake lights, turn signals, and other safety equipment that may have contributed to the collision. Poor vehicle maintenance can be a form of negligence.

What Injuries Are Common After a Rear-End Crash?

Even low-speed rear-end impacts can generate tremendous force, causing serious injuries that may not be immediately apparent. The sudden acceleration and deceleration puts enormous stress on your body, particularly your neck and spine.

One possible injury is whiplash, and its symptoms may not appear immediately.

Other common injuries include:

  • Neck and back injuries from rapid head movement
  • Traumatic brain injuries from hitting the headrest or window
  • Spinal cord damage and herniated discs
  • Fractures in the wrists, arms, and face from bracing for impact
  • Knee and leg injuries from dashboard contact

Seeking immediate medical care is critical for both your health and your legal claim. A San Bernardino personal injury attorney can help you find doctors who will treat you on a medical lien, meaning they get paid from your eventual settlement rather than requiring upfront payment.

What Compensation Can You Recover After a Rear-End Collision?

As an injury victim, you are entitled to recover compensation for all the ways the accident has affected your life. Our attorneys will help you document these losses to maximize your recovery.

Economic Damages cover your direct financial losses:

  • Past and future medical bills for treatment and rehabilitation
  • Lost wages from time off work and reduced earning capacity
  • Vehicle repair or replacement costs
  • Rental car expenses while your vehicle is being repaired

Non-Economic Damages compensate you for personal impacts that don’t have bills:

  • Physical pain and suffering from your injuries
  • Emotional distress and anxiety about driving
  • Loss of enjoyment of activities you can no longer participate in
  • Disfigurement and scarring from cuts or surgical procedures

California doesn’t cap damages in most personal injury cases, meaning you can recover the full amount of your losses regardless of how high they may be.

Will the Insurance Company Treat You Fairly After a Rear-End?

Insurance companies are for-profit businesses whose primary goal is protecting their bottom line by paying out as little as possible on claims.

Adjusters receive training and bonuses for keeping settlements low, not for treating you fairly.

Common tactics they use include requesting recorded statements to twist your words against you later, delaying your claim to create financial pressure, and disputing the severity of your injuries by claiming they’re pre-existing or unrelated to the crash.

We level the playing field by handling all communication with insurance companies and protecting you from these manipulative strategies.

Our experience with these tactics helps us anticipate their moves and counter them effectively.

What Should You Do After a Rear-End Crash in San Bernardino?

The steps you take immediately after a crash are crucial for protecting both your health and your legal rights. Even if you feel fine initially, adrenaline can mask serious injuries.

Step 1: Call 911 and Get Medical Care

Always report the accident to police and request paramedics if anyone reports pain or injury. Getting evaluated at a local hospital like Dignity Health – St. Bernardine Medical Center or Loma Linda University Medical Center creates an official record of your injuries.

Police reports provide crucial documentation of the accident scene, weather conditions, and initial statements from both drivers.

Step 2: Document the Scene and Vehicles

If you are physically able, use your phone to take extensive pictures of vehicle damage from multiple angles, the positions of both cars on the roadway, license plates, and any relevant traffic signals or road signs. Also photograph any skid marks, debris, or other physical evidence.

Exchange insurance information with the other driver, but avoid discussing fault or making statements about what happened.

Step 3: Avoid Recorded Statements

You are not legally required to give a recorded statement to the other driver’s insurance company, and you should politely decline. These statements are designed to trap you into admissions that can hurt your case later.

Simply tell them that your attorney will be in contact and end the conversation.

Step 4: See a Doctor Within 24-48 Hours

Even if you initially feel fine, see a doctor as soon as possible. Many soft tissue injuries have delayed symptoms that don’t appear for hours or days after the trauma.

Waiting too long to seek medical care gives insurance companies an excuse to argue that your injuries aren’t related to the crash or aren’t as serious as you claim.

Step 5: Call Krasney Law Accident Attorneys

Contacting our San Bernardino rear-end accident lawyers protects you from the moment you make the call. We can immediately start our investigation while evidence is fresh and ensure you don’t make mistakes that could harm your claim.

Early attorney involvement often leads to faster, more favorable settlements because insurance companies know they’re dealing with experienced legal representation.

How Long Do You Have to File and Settle a Rear-End Case?

In California, you have a two-year statute of limitations to file a personal injury lawsuit, meaning you must file within two years of the accident date or lose your right to compensation forever. However, the time it takes to actually settle a case varies significantly.

Case Type

Typical Settlement Timeline

Clear liability, minor injuries

3-6 months

Disputed fault or serious injuries

12-18 months

Litigation and trial required

18-24 months or more

Cases settle faster when liability is clear and injuries are well-documented. Complex cases involving multiple vehicles, disputed fault, or catastrophic injuries require more time for thorough investigation and medical treatment.

What If the Other Driver Is Uninsured or It Was a Hit-and-Run?

This frustrating situation is more common than you might expect in San Bernardino. If the at-fault driver has no insurance or fled the scene, you can still recover compensation through your own Uninsured/Underinsured Motorist (UM/UIM) coverage.

UM/UIM coverage is designed exactly for these situations, allowing you to file a claim with your own insurance company when the at-fault driver can’t pay. We help you navigate this process and ensure your own insurer treats you fairly, as they sometimes try to deny or minimize these claims too.

Even in hit-and-run cases, we work with police to identify the fleeing driver through witness statements, surveillance video, and vehicle debris left at the scene.

What If a Rear-End Collision Caused a Wrongful Death?

If you have lost a loved one in a rear-end collision, we extend our deepest sympathies during this devastating time. In these tragic situations, certain family members can file a wrongful death claim to seek justice and financial compensation.

California law allows spouses, children, and parents of unmarried children to file wrongful death claims. These cases seek compensation for lost financial support, loss of companionship, funeral expenses, and the pain and suffering your family has endured.

We handle these sensitive cases with the compassion and dedication your family deserves while aggressively pursuing the maximum compensation available under the law.

Where Do Rear-End Crashes Happen Most in San Bernardino?

While rear-end accidents can happen anywhere, our experience shows they occur more frequently in certain high-traffic areas known for sudden stops, heavy congestion, and poor visibility conditions.

Common accident locations include:

  • The I-215 and I-10 interchange during rush hour traffic
  • Intersections along Kendall Drive and University Parkway
  • Highland Avenue and Waterman Avenue near shopping centers
  • Historic Route 66 (Cajon Boulevard) with frequent traffic signals
  • Redlands Boulevard near the I-10 on-ramps where traffic merges

Understanding these patterns helps us investigate your specific accident location and identify contributing factors like poor road design or inadequate signage.

Free Case Evaluation With a San Bernardino Rear-End Accident Lawyer

You should not have to face the aftermath of a rear-end accident alone while dealing with pain, medical bills, and aggressive insurance companies. At Krasney Law, we are here to fight for the compensation you deserve.

Your initial consultation is always free, and we work on a contingency basis, which means you pay nothing unless we successfully recover money for you through settlement or trial. This arrangement ensures that quality legal representation is available regardless of your financial situation.

Bring any documentation you have from the accident, including police reports, medical records, insurance correspondence, and photos of the scene or your injuries.

Frequently Asked Questions

Are rear-end drivers always at fault in California?

Usually, but not always. While the rear driver is presumed to be at fault, there are exceptions, such as if the front driver braked suddenly for no reason or had non-working brake lights.

Can I recover compensation if I braked suddenly?

Yes, you can likely still recover compensation. Every driver has a duty to maintain a safe following distance to account for sudden stops in traffic.

What if my X-rays are normal but I have neck pain?

This is very common, as X-rays only show bones and cannot detect soft tissue injuries like whiplash. You need further medical evaluation, like an MRI, to document these injuries properly.

Do I need a lawyer for a low-speed rear-end collision?

Yes, if you have any pain or the other driver disputes fault. Even low-speed impacts can cause serious injuries, and an attorney ensures insurance companies don’t take advantage of you.

How long do rear-end settlements take in San Bernardino?

Most cases settle within 3 to 12 months, but cases involving serious injuries or disputed fault can take 18 months or longer.

What if the other driver has no insurance or fled the scene?

You can make a claim against your own auto insurance policy if you have Uninsured/Underinsured Motorist coverage. We can manage this complex claim process for you.

Will my health insurance affect my settlement amount?

Your health insurance may seek reimbursement from your settlement, but we negotiate with them to reduce what you owe and maximize the money you keep.

Should I give a recorded statement to the insurance company?

Never give a recorded statement without first speaking to an attorney. Insurance adjusters ask leading questions designed to hurt your claim.

How soon should I see a doctor after a rear-end crash?

See a doctor within 24 to 48 hours maximum. Waiting longer allows insurance companies to argue that your injuries aren’t related to the accident.

Can I claim compensation for my rental car expenses?

Yes, you can recover rental car costs while your vehicle is being repaired, as well as the full cost of repairs or replacement if your car is totaled.

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OUR LOCATIONS

Krasney Law – California Personal Injury Law Firm

San Bernardino:
362 W. 6th St.
San Bernardino, CA 92401
Phone: (909) 442-0357

Rancho Cucamonga:
10601 Civic Center Dr.
Suite 100M
Rancho Cucamonga, CA 91730
Phone: (909) 506-2491