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Getting rear-ended while stopped can leave you in pain, without a vehicle, and unsure of what to do next. In most cases, the rear driver is at fault—but not always. Understanding your rights and how liability works is the first step to knowing whether you have a valid claim.
Whether you were rear-ended at a stoplight in Albuquerque or while waiting to merge onto the highway, the aftermath of a rear-end crash can affect your life in more ways than one.
In this article, Shapiro Law Team will cover everything you need to know about filing a claim, determining liability, and how working with an experienced rear-end car accident lawyer can help you pursue the compensation you deserve.
The short answer is usually yes. But not always.
In most rear-end crashes, the rear driver is presumed to be at fault. That’s because drivers are legally required to maintain a safe following distance. If they fail to stop in time, whether due to distraction, speeding, or poor visibility, they’re considered negligent.
New Mexico courts typically view the act of rear-ending another vehicle as a breach of the duty of care. However, that doesn’t mean the front driver is never responsible.
While rare, there are situations where the front (or “lead”) driver can be held partially or fully liable.
In these situations, investigators look at whether the lead driver created an unsafe or unpredictable scenario. In New Mexico, a principle called comparative negligence applies. That means both drivers can share responsibility, and compensation is adjusted accordingly. If you’re found 20% at fault, your damages are reduced by 20%.
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If you weren’t injured in the rear-end accident, you most likely won’t need a lawyer. However, if you were injured in any way, it’s best to contact a personal injury lawyer to discuss your options and how you can be compensated.
Even in “obvious fault” crashes like a rear-end collision, insurance companies may try to deny or downplay your claim. A qualified personal injury attorney can handle the insurance adjusters, preserve evidence, and protect your right to compensation.
If you were getting rear-ended while stopped, especially at high speeds, injuries can be more serious than they seem at first. Whiplash, herniated discs, and concussions are common—and often delayed in showing symptoms.
Shapiro Law Team provides Superior Representation to clients throughout New Mexico, including those who’ve been rear-ended at red lights, in parking lots, or on highways. We’re here to help you in your time of need. Call us at (505) 207-5391 for a free consultation.
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The process of filing a car accident claim after a rear-end collision can be confusing, and small mistakes can cost you valuable compensation. Whether you were injured or just dealing with vehicle damage, Shapiro Law Team is here to help.
Here’s how to begin the claims process after a rear-end accident:
Call 911 to report the crash and request medical help if needed. Police will document the scene and file an official report, which becomes critical evidence for your claim. A police report documents that you were in the crash, how the rear-end occurred, and that you weren’t the one who caused it.
If you’re physically able, take photos of:
Also, collect contact and insurance information from the other driver and any witnesses.
Even if you feel fine, it’s still a good idea to see a doctor. Rear-end accident injuries, especially soft-tissue injuries like whiplash, may not show symptoms for hours or days. Medical records also serve as proof of injury for your claim.
Let your insurance provider know about the crash as soon as possible. Be factual, but avoid speculation about fault or injuries until you speak with a lawyer.
Before accepting any settlement offer, talk to an experienced personal injury attorney. Rear-end crash settlements may include:
An attorney can help ensure that all of your losses are accounted for, especially if you’re pursuing a rear-end while stopped settlement.
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Depending on your coverage and the facts of your case, you may be able to file more than one type of insurance claim after a rear-end crash.
This type of claim covers repairs to your car or the cost of a replacement if it’s totaled. You’ll need photos, the police report, and possibly a mechanic’s assessment.
With full coverage, your own insurance will pay for damages regardless of fault—though you may need to pay a deductible upfront. Your insurer may then seek reimbursement from the at-fault driver’s insurance.
If you were injured, this claim seeks compensation for:
Even a seemingly “minor” crash can cause serious injury. If you were getting rear-ended while stopped, spinal damage and concussions are common, especially if your body was relaxed and unprepared for impact.
Other potential claims include:
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If you were rear-ended while stopped, the process to a settlement can be complex to navigate—especially when insurance companies aren’t on your side. That’s where Shapiro Law Team comes in.
With decades of combined experience and a proven track record, we’re proud to offer Superior Representation to individuals and families across New Mexico. We don’t just handle paperwork—we handle people’s futures with care, strategy, and results.
If your accident resulted in significant injury or led to a tragic loss, our wrongful death attorneys are here to help surviving families seek justice and closure.
Getting rear-ended while stopped may feel overwhelming, especially when the crash wasn’t your fault—but you don’t have to face it alone. Whether you’re struggling with back pain, missing time at work, or watching your medical bills climb, our team is here to guide you every step of the way.
As your trusted car accident lawyer, Shapiro Law Team has helped countless clients in New Mexico secure compensation after being rear-ended. Even if you’re not sure what your case is worth, we’ll help you understand your legal options and protect your rights.
Contact us today to schedule your free consultation.