A rear-end collision is one of the most common ways to experience a car accident. In Houston’s intense traffic, about 40% of all accidents involve a car slamming into the back of another. Imagine the extent of injury and damage that can occur if the vehicle that rear ended you is a large commercial vehicle like a tractor trailer truck.
Drivers have a duty of care to keep a safe distance between their front bumpers and the rear bumper of the vehicle in front of them. This allows adequate distance for stopping as well as the possibility of being struck in the rear, causing a second crash. Following too close is a top reason why someone could be liable for a rear-end collision. If you have been injured in an accident when a driver accidentally or purposely rear ended your car, you may need to get an experienced personal injury attorney to review your case. Unfortunately insurance companies may not adequately compensate you for medical bills or ongoing treatment or lost wages or permanent injury.
Comparative Negligence
Texas is one of several states that utilize “comparative negligence,” or partial fault. In a situation where both parties may be determined to share some fault for an accident, a jury may assign a percentage of fault to both parties, allowing each party to collect just a comparative portion of a jury award. Texas laws on negligence often depend on the type of claim involved. If you’ve been harmed in Texas and you feel you may be entitled to compensation, you will want to speak to a Texas attorney who understands Texas’ rules on contributory negligence, like the attorneys of Paxton Law.
For instance, if you sue and your claim is worth $20,000, but the jury assigned 25% of the fault for your accident to you, your settlement will be lowered by 25%. For example the other party will pay 75% of your damages and you would pay 25% of their claim, if any. The 25% would result in you receiving $15,000 of your $20,000 claim. If you’re assigned more than 50% of the fault for the accident, you won’t be able to collect anything.
Finding Fault
It’s vital to determine liability for an accident and establish negligence to collect damages. This usually happens with an investigation into the circumstances of the accident. Another reason to get a knowledgeable personal injury attorney so they can conduct a thorough investigation.
There are reasons why the rear driver may not be at fault, including:
• The driver in front stopped suddenly because they weren’t paying attention
• The driver in front stopped to avoid something, such as an animal darting in front of their vehicle
• The driver in front experienced a sudden emergency while driving
It’s possible that with an unforeseen or sudden emergency, there is no fault, and no one is held liable. In which case, your own insurance will need to compensate you directly.
Injuries And Damages
One of the most common injuries in a rear-end collision is soft-tissue injuries to the neck area, known as “whiplash.” It happens when the body is forced forward, causing the person’s head to whip around quickly during the impact. The resulting injuries can include:
• Pain in the neck area, as well as the upper back, shoulders, and arm areas
• Headaches
• Fatigue
• Brain fog
• Blurry vision
• Dizziness
• Memory problems
• Difficulty concentrating
• Tingling or numbness
Other injuries from a rear-end collision can include cuts and lacerations, broken bones, traumatic brain injuries, spinal cord damage, and other serious injuries.
The first thing you’ll need to do is get immediate medical care after an accident, even if you don’t notice any visible injury. It is not uncommon for a person who has been rear ended to wake up the next day suffering from unusual stiffness and neck or back pain. It is best to go directly to a hospital or your doctor to find out what trauma you may have.
The next important thing is to talk with a good lawyer like Richard Paxton. The Paxton Law firm has experience in handling all types of personal injury cases especially car accidents like rear-end collisions. You may be able to recover damages for your injuries.
Medical expenses, lost wages, property damage, and pain and suffering are just some of the things you can recover after a rear-end collision accident in Houston.
Work With A Qualified Texas Personal Injury Attorney
After a rear-end collision, you’ll need help taking care of everything in addition to yourself. That’s where Paxton Law can help. We can work with you and help you through the process of filing your claim, and if necessary, a lawsuit. Our personal injury attorneys will fight for just compensation to cover all your expenses as well as future expenses. Texas law only allows two years from the date of the accident to file your claim, so schedule your free consultation as quickly as possible after your accident.
If you or a loved one has been injured in a rear-end collision accident, you could be entitled to compensation. Contact Paxton Law Firm today by calling (281) 978-2244 or filling out our online contact form. You’ll learn more about your legal options during your free consultation.
