Getting hit from behind might leave you with serious injuries and costly auto repairs. If you or anybody else has been hurt, your first priority should be to receive medical attention by contacting an ambulance.
You should call 911 to have an officer file a report of the incident. It’s also a good idea to gather proof from the accident site. Next, you should contact a personal injury lawyer for assistance in filing a claim with your insurance company and/or a lawsuit to recover any losses.
What Should You Do After a Rear-End Accident in Texas?
There are too many variables at play if your automobile has been rear-ended for you to take any risks. To start, you’ll need proof to support your assertion that the other driver was completely to blame for the crash.
If multiple people saw the accident and are willing to testify, the insurance company for the at-fault motorist may still try and deflect your claim. An attorney can help you prove your case. Auto accidents in any state must be reported to the police, especially if the injuries or damages amount to more than $1,000.
Following the accident, additional steps you can take include:
- If you have been hurt, you should see a doctor right away.
- You should work to obtain the police report, medical records, images of the accident site, and testimonies from witnesses.
- Be sure to document everything related to your health, including visits to the doctor and hospital stays.
- Write down anything you can remember happening in the moments leading up to the crash and in the immediate aftermath.
- Immediately inform your insurance provider that you were involved in a rear-end collision.
An attorney can explain the legal options available in your case and guide you through the claim process.
How Does the Car Accident Claim Process Work
After filing an accident insurance claim in Texas, here is what you can expect:
Demand Letter
Your vehicle accident lawyer will start the claim procedure by sending a demand letter to the insurance company of the person who caused the accident. This demand letter will describe the accident and the financial damages you sustained. It also details the extent of your injuries and the medical care you’ve received.
The Insurance Company’s Response
After receiving the demand letter, the insurance company will investigate your claims and may try to disprove them. Insurance companies in the state of Texas have 15 to 45 days to decide whether or not to pay your claim. If they deny your claim, they must explain why.
The Negotiation of Fair Compensation
The insurance company may try to give you as little compensation as possible. You are under no obligation to accept their minimum offer. Your attorney will negotiate with the insurance company about a settlement and work to get you a fair amount.
Personal injury lawsuits are the next step when the insurance company unfairly negotiates your claim.
Proving Liability in a Rear-End Accident
In the case of an unexpected traffic stop, a driver must still be able to stop their vehicle safely. You can help your case by gathering evidence of the other driver’s unsafe stopping distance practices.
Your car’s degree of damage may also serve as proof of who was at fault. With the help of an experienced personal injury lawyer in Texas, you can establish fault and responsibility and fight to get fair compensation. Each state has different rules for assigning compensation on basis of fault, and Texas follows the comparative negligence law.
What Does Comparative Negligence in Texas Mean?
The Texas law of comparative negligence must be taken into account when deciding how to proceed after a rear-end collision. Texas adopts a modified comparative fault approach to determine who was more at fault for a vehicle collision. Damages shall be allocated in proportion to each party’s degree of fault.
For example, If you were awarded $100,000 in damages, however, the court finds that you were 35% responsible for the rear-end collision, you will only be entitled to 65% of that amount ($65,000). You will not be eligible for compensation if your degree of culpability in a car accident is more than 50%.
An Auto Accident Attorney Can Help You After a Rear-End Collision
If a careless driver in Texas was behind the wheel during your collision, you can fight to get enough compensation to help ease your financial and emotional burdens. Your rear-end collision claim will be handled expertly by the lawyers at The Buzbee Law Firm.
Our personal injury attorneys are well-versed in the laws pertaining to automobile accidents in the state of Texas. We are highly skilled legal specialists with a history of winning rear-end collision cases.
