Rear-End Collision Attorney in Houston, Texas
Personal Injury
Rear-end collisions are among the most common types of car accidents in Texas, often leading to significant injuries and property damage.
These accidents occur when one vehicle crashes into the back of another, typically because the driver in the rear wasn't paying attention, was driving too fast, or failed to maintain a safe distance. Understanding the causes, legal implications, and steps to take after a rear-end collision can help you traverse the aftermath more effectively.
Common Causes of Rear-End Collisions in Texas
Rear-end collisions can happen for various reasons, many of which involve driver error or negligence. Understanding the common causes of these accidents can help you avoid them and know what to look for if you’re involved in one.
Distracted Driving
One of the leading causes of rear-end collisions is distracted driving. When drivers take their eyes off the road, even for a few seconds, they significantly increase the risk of an accident. Common distractions include texting, eating, adjusting the radio, or interacting with passengers. In Texas, distracted driving is a serious issue, and the state has laws in place that prohibit texting while driving.
Following Too Closely
Another frequent cause of rear-end collisions is following too closely, also known as tailgating. When a driver doesn’t maintain a safe distance from the vehicle in front, they may not have enough time to react if that vehicle suddenly stops or slows down. Texas law requires drivers to keep a safe following distance to avoid these kinds of accidents.
Speeding
Speeding is another factor that contributes to rear-end collisions. When a driver is traveling too fast, it becomes more difficult to stop in time to avoid hitting the car in front. Speed limits are in place for a reason, and exceeding them not only increases the risk of rear-end collisions but also the severity of the impact.
Weather Conditions
Poor weather conditions, such as rain, fog, or ice, can also lead to rear-end collisions. In these situations, it’s essential for drivers to adjust their speed and increase their following distance to account for reduced visibility and slippery roads. Failing to do so can result in losing control of the vehicle and causing an accident.
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Legal Implications of Rear-End Collisions in Texas
Rear-end collisions in Texas often involve legal considerations, especially when determining fault and pursuing compensation for damages. Understanding how Texas law addresses these issues is crucial for anyone involved in a rear-end collision.
Presumption of Fault
In Texas, the driver who rear-ends another vehicle is typically presumed to be at fault for the collision. This presumption is based on the idea that drivers are responsible for maintaining a safe following distance and paying attention to traffic conditions. However, there are exceptions to this rule. For instance, if the driver in front suddenly stops without warning or their brake lights are not functioning, the rear driver may not be held entirely responsible.
Even though the rear driver is usually presumed to be at fault, it's still important to gather evidence and present a strong case, especially if you believe the other driver contributed to the accident. This is where legal assistance can be invaluable.
Comparative Negligence
Texas follows a comparative negligence rule, which means that more than one party can be found at fault for a car accident. If you’re found to be partially responsible for a rear-end collision, your compensation may be reduced by your percentage of fault. For example, if you’re found to be 20% at fault for the accident, you would only be eligible to recover 80% of the total damages.
Understanding how comparative negligence works is important when pursuing a personal injury claim in Texas. An experienced attorney can help you work through this legal concept and work to minimize your percentage of fault.
Insurance Requirements and Claims
Texas law requires all drivers to carry liability insurance, which covers damages resulting from car accidents. The minimum coverage required includes $30,000 for bodily injury per person, $60,000 for bodily injury per accident, and $25,000 for property damage. If you’re involved in a rear-end collision, you’ll likely need to file a claim with the at-fault driver’s insurance company to recover compensation for medical expenses, property damage, and other losses.
Dealing with insurance companies can be challenging, especially when they attempt to minimize your claim or dispute liability. It’s important to know your rights and be prepared to negotiate for fair compensation. If you’re struggling to reach a settlement, legal representation can make a significant difference.
Steps to Take After a Rear-End Collision
Knowing what to do immediately after a rear-end collision can help protect your rights and improve your chances of recovering compensation for your injuries and damages.
1. Check for Injuries and Call 911
Your first priority after a collision should be to check yourself and any passengers for injuries. If anyone is injured, call 911 immediately to request medical assistance. Even if injuries seem minor, it’s still a good idea to seek medical attention, as some injuries may not be immediately apparent.
2. Move to a Safe Location
If your vehicle is still operational and it’s safe to do so, move it to the side of the road to avoid obstructing traffic. Turn on your hazard lights to alert other drivers to the accident. If the vehicles are too damaged to move, remain inside with your seatbelt fastened until help arrives.
3. Exchange Information
Exchange contact and insurance information with the other driver involved in the collision. This includes names, phone numbers, addresses, driver’s license numbers, license plate numbers, and insurance policy details. If there are any witnesses, collect their contact information as well.
4. Document the Scene
Take photos of the accident scene, including vehicle damage, skid marks, road conditions, and any visible injuries. This documentation can be valuable evidence if you need to file a personal injury claim. Additionally, take notes on the weather conditions, time of day, and any statements made by the other driver or witnesses.
5. File a Police Report
In Texas, you’re required to file a police report if the accident results in injury, death, or significant property damage. The responding officer will create an official report that includes details of the accident and statements from both drivers. This report can be crucial in determining fault and supporting your personal injury claim.
6. Contact a Personal Injury Attorney
After a rear-end collision, it’s advisable to contact a personal injury attorney, especially if you’ve sustained injuries or significant property damage. An attorney can help you understand your legal options, negotiate with insurance companies, and pursue compensation for your losses.
Pursuing a Personal Injury Claim in Texas
If you’ve been injured in a rear-end collision, you may be entitled to compensation through a personal injury claim. This compensation can cover medical expenses, lost wages, pain and suffering, and other damages resulting from the accident.
Filing Your Claim
To file a personal injury claim, you’ll need to gather evidence that demonstrates the other driver’s negligence and the extent of your damages. This includes medical records, the police report, witness statements, and any documentation of your injuries and financial losses. Your attorney will help you compile this evidence and submit a claim to the at-fault driver’s insurance company.
Negotiating a Settlement
Insurance companies often attempt to settle claims quickly and for as little money as possible. It’s important not to accept the first offer without consulting with your attorney. Your attorney can negotiate on your behalf to secure a fair settlement that adequately covers your losses.
Going to Court
If a fair settlement cannot be reached, your case may need to go to court. In Texas, you have two years from the date of the accident to file a personal injury lawsuit. An experienced attorney can represent you in court and fight for the compensation you deserve.
Rear-end collisions are a common and potentially serious type of car accident in Texas. Understanding the causes, legal implications, and steps to take after an accident can help you protect your rights and pursue the compensation you’re entitled to. Whether you’re dealing with insurance claims, negotiating settlements, or considering legal action, having the right information and legal support is crucial.
Contact a Rear-End Collision Attorney Today
If you’ve been involved in a rear-end collision, don’t hesitate to reach out to our firm which can guide you through the process and advocate for your best interests. At C.Y. Lee Legal Group, our legal team has been representing individuals, families, and business owners since 2007. Our years in practice have given us enormous experience and skills we can use to your benefit. Beyond this, we focus on top-quality service and accessibility.
When you come to us, our attorney will work with you directly from start to finish. You can count on personal attention as we concentrate on the unique details of your case, your individual needs, and your desired results. Contact us at C.Y. Lee Legal Group to schedule a consultation today. We serve clients throughout Houston, Texas.