Who Is at Fault in a Rear-end Collision in Texas?
A rear-end collision occurs when a car hits the front of another vehicle. These accidents can cause severe injuries or, in the worst-case scenario, death.
People involved in a rear-end crash caused by someone else's actions may be eligible to file a claim against the other driver and recover compensation for monetary losses and injuries.
However, the amount of compensation plaintiffs can recover depends on who was at fault for the rear-end car collision. How can this be determined? Here's a detailed answer by experienced personal injury lawyers!
Common Causes of Rear-end Collisions
When a rear-end collision occurs, there are often two cars involved – the vehicle in front and the one in back.
In these cases, the driver in front stops for some reason, such as reaching a stop light at an intersection, and the driver in the back fails to swerve or stop in time.
Here are some common causes of rear-end accidents:
Unexpected road hazards, such as animals or pedestrians darting into the road
Poor visibility due to natural conditions, such as rain or fog
Cut-offs and unsafe lane changes, including front drivers that turn without signaling
Lack of brake lights
Unjustified sudden stop
How to Determine Who Is At Fault for a Rear-end Accident in Texas
While the driver who rear-ended the other vehicle is at fault most of the time, there are a few exceptions. Therefore, victims and their attorneys must carefully evaluate all available details and facts before taking legal action.
Experienced personal injury lawyers know that most rear-end collisions are caused by driver error or negligence. However, each case is different. Contact Schuerger Shunnarah Trial Attorneys for information on what to do after a car accident in Texas.
When Is the Rear Driver Liable?
As mentioned, rear-end accidents often occur when a car stops and another vehicle is approaching from behind.
Most rear-end collisions usually involve stop signs, roundabouts, yield signs, traffic lights, and congested traffic areas.
In these car accidents, the driver who rear-ended the vehicle in front of them is often at-fault. However, the front vehicle driver could also be found responsible for the crash.
When Is the Front Vehicle Driver Liable for the Rear-end Crash?
The front vehicle driver can be liable if they pull out of a parking lot onto the road, for example, since they must yield the right-of-way to oncoming traffic.
Who Is At-Fault in Rear-end Accidents If There's a Chain Reaction or Pile-Up?
Sometimes, the rear-end collision turns into a chain reaction accident, especially when the crash occurs in a high-traffic area or involves people driving at high speeds.
A chain reaction accident occurs when the rear vehicle collides with the car in front, which also hits the vehicle in front of them.
Unfortunately, determining who is responsible for the accident in these cases is challenging. Plaintiffs must support their claims with thorough investigation and solid evidence to recover compensation.
Types of Evidence Victims Can Use to Determine Liability
Victims can take action against drivers who caused the accident for their injuries, losses, and other damages.
Most of the time, injured people file a claim with the at-fault party's insurance company. However, the outcome depends on the evidence, as determining liability is essential.
These are the types of evidence plaintiffs can use to prove that the other driver is responsible for the accident and the injuries they sustain:
Physical evidence, such as skid marks or tire tracks
Statements from witnesses
Red light or closed-circuit videos
Accident recreation technology
Insurance companies require claimants to provide proof of liability before paying compensation for rear-end collision injuries, medical bills, and other related expenses.
However, insurance adjusters do not really care about victims' rights and will always look for loopholes to deny their claims. Therefore, injured parties should work with an experienced car accident attorney. They can give insight to the average settlement for rear-end car accident Texas.
Common Rear-end Collision Injuries
The severity of the injuries from a rear-end accident can vary depending on different factors, such as the moving car's speed when the crash occurred and the size differences between the two vehicles.
However, the following injuries are common in a rear-end accident in Texas:
Concussions and brain injuries
Whiplash and other neck injuries
Kneecap, leg, and feet injuries
Broken or fractured bones
In the worst-case scenario, victims sustain disabling injuries or die due to the rear-end crash.
Damages that Victims Can Recover for a Rear-end Accident in Texas
Victims can file a claim against at-fault parties to recover compensation for the rear-end car accident.
In most cases, injured people recover compensation from the responsible driver's insurance coverage. However, the amount depends on various factors, such as the extent and severity of the injuries or damages sustained.
Overall, most victims recover compensation for the following:
Current medical bills
Future medical care and treatment
Lost wages if victims cannot work or their income decrease due to their injuries
Pain and suffering
Property damage, including car repairs or replacement
Victims' surviving family members may recover compensation through a wrongful death claim if the rear-end accident is fatal.
Do Victims Need Help from Personal Injury Lawyers?
In rear-end collisions, injured parties need the help of an experienced attorney to file a claim against at-fault drivers and recover compensation.
Experienced rear-end accident attorneys can help victims build a strong case to recover the compensation they deserve and hold at-fault parties accountable for their negligent or reckless actions.
In addition, a car accident lawyer handles different details involved in the rear-end collision case, including the following:
Gather evidence to support the case
Handle conversations with the insurance company on behalf of the victims
Collect medical and injury reports
File a claim on behalf of the victims
Negotiate with the at-fault party's insurance company for maximum compensation
Represent victims in court if the case doesn't settle
Contact Schuerger Shunnarah Trial Attorneys Today!
Rear-end collision victims don't have to go through this challenging and tedious process alone. That's unfair!
Fortunately, at Schuerger Shunnarah, we have an experienced team of lawyers ready to help victims build a strong case to file a personal injury lawsuit and recover fair compensation for the damages and losses they suffered.
People injured in motor vehicle accidents can contact us today and get the legal assistance they need. We go to war for our clients!