According to a 2018 National Highway Traffic Safety Administration (NHTSA) report, the most common type of accident is rear-end collisions. This is followed by angle accidents and sideswipe crashes.
Many of these accidents are typically caused by driver errors or mistakes. But factors such as vehicle malfunction, poor driving conditions, and inattentive road users can also lead to these accidents.
If you or your loved one has been involved in a rear-ended crash, our rear-end collision lawyers at the Buzbee Law Firm can help you get adequate compensation to cover property damage and personal injuries.
What Are Your Options if You’ve Been Rear-Ended?
The best thing you need to do is get out of the way as soon as you can. Many people often get out of the vehicle to confront the driver behind and check out the extent of the damage. Resist the urge to do this as other cars may be speeding and can ram into the both of you.
Once you’re sure it’s safe, the next thing you ought to do is swap insurance information. Then, talk to a rear-end collision lawyer about the accident and your options. If you can, get all the information about the other driver so that you or your lawyer will be able to contact them.
Your lawyer will then carry out the necessary investigations and file a compensation claim where they find evidence of negligence or carelessness. Also, make sure to get medical help, even if you do not feel like it. This way, you can rule out hidden injuries like internal bleeding.
Who Is Liable in a Rear-End Collision?
That depends on the cause of the crash. In Texas, when accidents like this occur, the driver who
slammed into another vehicle from behind is typically held liable. So, the driver would have to get their insurance company to pay for the damages and injuries arising from the accident.
But there are also multiple factors that have to be considered before fault is established:
- What were the actions of the driver in front? For example, were they brake-checking the other vehicle for no reason?
- Did the vehicle behind develop a fault such as locked or failed brakes?
- Was the driver distracted? For instance, were they texting, picking up things from the floor, or engaging in activity that caused them to take their attention off the road?
- Did the rear-ended vehicle develop a fault? For example, did they lose a tire or brake suddenly to avoid hitting another car, a person, or an animal?
- Did another vehicle hit the car behind yours, causing them to slam into yours too?
- Was the driver at the back engaging in dangerous roadway activities like tailgating?
These are just a few questions that need to be investigated and answered. As you can see, there are a ton of scenarios that a lawyer has to explore before they can make a good case for your compensation.
They’ll also need a lot more information to determine liability and negligence in such cases. Whatever the case, the reality is that car accidents can be a huge source of physical and emotional pain and financial distress.
A recent report released by the Texas Department of Transportation showed that car accidents caused over $39 billion in damages and led to over 3,600 fatalities.
Drivers in Texas are mandated to carry minimum insurance policies valued at between $25,000 and $60,000. But even when these vehicle crashes are covered by insurance, the reality is that the accidents can be very inconveniencing at the least.
Don’t try to file compensation claims by yourself. You’re bound to miss some crucial information that’ll help you get the maximum settlement possible. Instead, let an experienced rear collision crash attorney take care of that for you.
Damages You Can Claim in a Rear-End Collision
Depending on their situation, drivers who were hit from the back by other drivers can claim one or more of the following economic or non-economic damages:
- Property damages or repair costs
- Medical costs
- Loss of wages
- Reduced capacity to earn an income
- Pain and suffering
- Mental anxiety and anguish
- Temporary or permanent disability
- Disfigurement or scarring
- Rehabilitative therapy
- Loss of consortium
- Loss of companionship
- Loss of quality of life
These are just a few of the damages that you can claim in a rear-end crash in Texas. Your Texas car crash attorney can take a look at the peculiarity of your case and identify the damages that you can collect.
How Long Do You Have to File a Compensation Claim?
The statute of limitations for rear collisions varies across the country. You’ll have to check your state’s statutes to find out how long you have to file a personal injury claim or lawsuit.
However, according to the Texas Civil Practice and Remedies Code § 16.003, you only have two years from the date of the incident to file a personal injury claim. So, if you don’t file the suit or claim within the stipulated time frame, the courts are at liberty to throw out your case or deny your claims.
Filing a personal injury claim on time has many benefits including faster compensation, the ability to remember details more because it’s still fresh, and the possibility of getting more money. So, don’t delay your claim filing.
What Our Rear-End Collision Attorneys Can Do for You
At the Buzbee Law Firm, we understand that accidents are stressful, painful, and devastating. Having to chase compensation when you should be recovering is doubly frustrating. This is why you should have our experienced rear crash lawyers in Texas, handle your compensation claims.
When we take on your case, you can rest assured that we will pursue the maximum amount possible. This way, you can focus on recovery and getting well. Our process for recovery includes the following:
- Evidence procurement: This includes images and videos of the accident scene, property damage, and injuries sustained
- Engage the services of specialists: If necessary, we can talk to a medical professional or an accident reconstruction expert while building your case
- Gathering medical records: The use of detailed medical payment and records will be proof of your accident
- Filing the claim: We’ll file the claim on your behalf with the right insurance entities
- File a personal injury lawsuit: If the insurance company’s offer is lower than you deserve, we can file a personal injury lawsuit on your behalf.
- Negotiations: We’ll negotiate with the insurance firm on your behalf, thus improving your chances of a better payout
Let a Texas Car Accident Lawyer Help You Today
Unfortunately, rear-end accidents make up some of the most common types of car accidents. Rear-end accident injuries commonly include whiplash, neck strain, headaches, and paralysis in more severe scenarios.
Our rear-end car accident lawyers in Texas are committed to fighting for you and helping you get the money you deserve. Contact us today for a free case evaluation or call our toll-free line for a free consultation.
