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One car rear-ending another car

WHAT TO DO AFTER GETTING REAR-ENDED

Jose Orihuela July 30, 2020

Rear-end collisions are the most prevalent type of auto accidents in the United States, resulting in a significant amount of injuries and fatalities. Each year, there are approximately 1.7 million rear-end collisions injuring about 500,000 people. These rear-ended collisions can cause minor or major injuries, including whiplash, concussion, soft tissue injuries, and other neck, brain, back, or head injuries.

The period after a rear-end collision is often emotional and painful. I can provide the experienced legal guidance you need and help you review your options. I will fight passionately to protect your rights and help you negotiate fair financial compensation for your injuries. My firm proudly serves clients in Houston, South Houston, and Pasadena, Texas, as well as the surrounding communities.

CAUSES OF REAR-END CAR WRECKS

The fault for a rear-end collision doesn’t always lie with the driver who’s in the “back” of the wreck. The front driver could cause the accident where they carelessly pull out of a driveway or make an unsafe lane change resulting in the back driver rear-ending them. 

Other common causes of rear-end car crashes include:

  • Distracted driving

  • Failure to yield the right of way

  • Speeding

  • Not using turn signals

  • Tailgating or not following at a safe distance.

  • Inability to maintain control of the vehicle

  • Impaired driving

  • Faulty brakes

  • Texting and driving

  • Driver fatigue

COMPARATIVE NEGLIGENCE IN TEXAS

When one party accuses another of committing a negligent act that caused an auto accident, Texas uses a modified comparative fault rule to determine the degree of fault of those involved. The amount of damages awarded will correlate to the percentage of fault. For example, if the court awards you a total of $80,000 in damages, but decide that the rear-end collision was 20% your fault, you will only be entitled to 80% of $80,000 ($64,000). If you were 51% or more at-fault for the auto collision, you would not be eligible to receive compensation.

COMMON INJURIES FROM REAR-END ACCIDENTS

Some common injuries that may be sustained in a rear-end auto collision include:

  • Head Injuries: Including brain injuries, trauma, concussion, bruises, or cuts to the head.

  • Soft Tissue Injuries: Including strains, Painful sprains, muscle, ligament, and tendon tears.

  • Fractures: Including broken arms, ribs, or legs.

  • Back & Neck Injuries: Including herniated discs, whiplash, and spinal cord damage.

WHAT TO DO FOLLOWING THE ACCIDENT

Texas law requires that if a collision results in bodily injury, death, or more than $1,000 in property damage, the auto accident must be reported. Additional things to do  following the accident include:

  • Seek medical help or emergency care for your injuries.

  • Obtain copies of police reports, medical records, accident scene photos, and witness statements.

  • Keep a record of medical expenses, medical treatments, and doctor’s appointments.

  • Document your personal recollection of what occurred before, during, and after the collision.

  • Report the rear-end auto accident to your insurance company immediately.

  • Hire an experienced personal injury attorney to help you file claims.

PROVING LIABILITY IN A REAR-END ACCIDENT

A basic rule of the road requires drivers to be able to stop their vehicle safely if traffic is stopped suddenly. You can support your claim with the other driver’s inability to stop safely. Thus, causing the rear-end collision. Also, you can prove fault with the extent of damage to your vehicle. A knowledgeable Texas personal injury attorney can help you prove fault and liability and recover fair compensation.

HOW LEGAL COUNSEL CAN HELP

Being involved in a rear-end collision can be an overwhelming experience, financially, physically, and emotionally. Retaining an experienced Texas personal injury attorney is crucial to protect your rights and help you pursue your rightful compensation.

I have devoted my career to representing clients in matters of personal injury and rear-end auto collision. As your attorney, I will:

  • Review your case and conduct a detailed investigation

  • Gather all necessary evidence and required documentation

  • Help you prove fault and establish liability

  • Fight to negotiate the best possible settlement with the insurance company

  • Take your case to court if insurance isn’t offering you a fair deal

I will help you fight to protect your rights and hold the responsible party liable for your injuries, damages, pain, and suffering. 

EXPERIENCED AUTO ACCIDENT ATTORNEY IN HOUSTON, TX

If you were hurt in a rear-end collision involving a negligent party, you may be eligible to pursue compensation. Call my law firm today to schedule a free one-on-one case evaluation. I will review your case and help you pursue fair compensation for your injuries and damages. I proudly serve clients in Houston, South Houston, Pasadena, Clear Lake, and Friendswood, Texas.