As many as a third of all traffic accidents are rear-end accidents, according to the National Highway Traffic Safety Administration (NHTSA). Most of these crashes can be blamed on driver error. While it would be safer if all rivers remained vigilant and careful while driving, this is not always the case.
If you or someone you love was injured in a rear-end accident, knowing your legal options is crucial. Speak to a car accident attorney with John Flood Trial Lawyers today to understand what your next steps should be.
Rear-End Collisions
Rear-end collisions can be among the deadliest car accidents to take place on the highway. They happen when a car runs into the car in front of it, creating a significant impact that can cause the vehicle’s driver and passengers considerable harm.
Rear-end collisions are often caused by driver errors such as the following:
- Distracted driving
- Mobile phone use
- Driving under the influence of drugs or alcohol (DUI)
- Driving while drowsy or experiencing fatigue
- Exceeding posted speed limits
- Tailgating
- Driving aggressively
While driver error is often the cause of a rear-end collision, there are other causes that can sometimes be to blame. These rear-end accident causes include:
- Mechanical problems
- Weather conditions
- Road conditions
Prevention of Rear-End Accidents
To prevent rear-end accidents, it is important not to tailgate, to drive the speed limit, to monitor and adjust to weather and road conditions, and to never drive while intoxicated or sleepy. You should maintain your car, especially your brakes and tires, so you have the traction to stop abruptly if necessary. A few precautions can help you avoid injury, expense, and aggravation.
Liability in a Rear-End Collision
Drivers are expected to keep their distance from vehicles in front of them. To safely operate a vehicle, having an awareness of their surroundings is also a requirement. Being alert when traffic suddenly changes pace or stops can help avoid accidents.
When a rear-end crash happens, the driver in the most rear position is usually blamed for the car accident. They were in charge of providing the appropriate amount of space between themself and the vehicle in front of them. So, very often, they are considered the party responsible for the wreck.
The Rear-Most Driver is Not Always Solely at Fault
If the car in front abruptly brakes with no warning, the driver behind them may not have time to slow down. When this is the case, the circumstances and details of the car accident will be investigated to determine who is at fault.
If the driver who is rear-ended cuts the driver off, causing the collision, they would be considered at fault. This could mean they failed to signal or drove recklessly.
Some car accidents are unavoidable. This could mean a wild hog, cow, or deer entered the highway, causing the crash. You will want to speak to an attorney with John Flood Trial Lawyers for clarification, no matter the circumstances of the accident.
Common Injuries Caused by Rear-End Accidents
Rear-end collisions can cause serious injuries with difficult recoveries and often leave their victims with long-lasting effects. Common rear-end injuries include:
- Whiplash
- Back injuries
- Broken bones
- Concussion
- Internal damage
- Traumatic brain injuries (TBI)
Compensation for Damages Following a Rear-End Crash
Rear-end car crashes can leave you with damages. You could be entitled to compensation for your injuries and the damages you face as a result. These types of accidents are sometimes simple bump-ups, but make no mistake – they can cause serious, lasting injuries.
Traffic accident victims may seek damages. These might include the following:
- Emergency medical care
- X-rays and diagnostic tests
- Follow-up appointments
- Care from specialists
- Nursing care
- Therapy
- Medical devices
- Surgeries and procedures
- Property damage
- Loss of enjoyment of life
- Diminished quality of life
- Pain and suffering
- Emotional anguish
- Scarring and disfigurement
- Diminishment of abilities
- Loss of consortium
Your automobile accident lawyer will be able to examine and review your rear-end accident case and the specifics surrounding it so you can make sure you are not leaving any money that you are owed on the table when you determine the amount you should ask for in a settlement package.
Comparative Negligence as it Applies to Rear-End Collisions
Texans, or those just passing through, should understand that rear-end collisions that take place in the state allow for multiple parties to be found negligent following an accident. Modified comparative negligence means that fault can be attributed to each party. This means that the compensation due is reduced in accordance with the percentage of blame each driver assumes.
If it is determined that a motorist was 30% at fault in a rear-end accident and experienced $100,000 worth of damages, they would be compensated. However, they would only receive $70,000 in compensation since the total award would deduct the 30% they were responsible for paying themselves.
If you are found to be more than 50% negligent, Texas law does not allow you to seek or obtain compensation. For this reason, it is important to hire a car accident lawyer as soon as possible. You do not want to take responsibility for an accident where you were not at fault.
Proving Negligence
In an effort to receive compensation for the damages sustained in a rear-end collision, there must be proof that another driver’s negligent actions were to blame for the wreck that caused your injuries. It must be demonstrated that the person who was at fault behaved in a way a reasonable person would not have. If another person would have exercised proper care in the same situation, the person’s behavior would have been negligent.
Reach out to John Flood Trial Lawyers Today
If you or a loved one has been injured in a rear-end car accident, securing a car accident lawyer early on is critical to your case. You deserve to be compensated fairly for the damages you sustained due to the negligence of another driver.
We are available to go over the details of your case and offer you advice and help navigating your claim. Contact John Flood Trial Lawyers today for a free consultation and so that you can retain the services of our talented legal team.
