Rear-Ended in Texas

Rear-end accidents can cause serious damages. Being hit from behind can cause a ripple effect throughout the vehicle causing serious damage and injuries.

If a driver has hit you from behind, you might be able to file a Texas personal injury claim against him or her in an effort to recover compensation for the damages that resulted.

A driver should be traveling at a safe speed and keep enough distance from the vehicle in front of him or her to avoid a collision. Maintain all evidence and documentation to support your claim so you can show that you were not at fault for your collision and the damages that resulted from it.

What to Do When Rear Ended In Texas

Rear ended car accidents are some of the most common types of accident in Texas and can cause serious hardship in the form of injury, property damage and financial loss. In Texas, the law allows the injured party in a rear ended accident to file a personal injury claim against the alleged at fault driver. Texas is a fault state for personal injury claims and compensation can be sought for both economic damages such as medical bills, lost wages and repairs to the vehicle as well as non-economic damages such as ‘pain and suffering’ compensation.

The most important factor in any rear ended accident compensation claim is whether the injured party has clear evidence of negligence. In Texas law, like all other states, negligence is a legal term which means that someone’s actions caused an accident and could have been avoided if sufficient care had been taken. In a typical rear ended car accident, the most common reason for the accident is that the driver following another vehicle crashed into its rear end because they were distracted, speeding, intoxicated, fatigued or were behaving aggressively, i.e. deliberately tailgating.

If you have been hit in a rear end accident, you may be able to obtain compensation from the negligent driver. Much depends on how badly you were injured and whether you can do anything at the scene of the accident. Some things that can help your claim if you decide to file one are as follows.

  • Make sure you get medical treatment, even if you don’t feel injured initially. A doctor’s assessment or evidence of your injuries and potential or actual cost of treatment must be made available when making a claim.
  • You may be able to take photographic evidence of the crash scene, even if it is just with your cell phone. Rear ended accidents are mostly caused by the driver of the vehicle behind you.
  • Ask any eye witnesses who saw what happened if they would make statement. You should attempt to get their contact details of their testimony could be useful.
  • The police will be called if there is any injury involved. The attending officers will make an accident report which may indicate who was at fault and why. You will need to obtain a copy of this report for evidence.
  • Make sure that your vehicle is inspected by a mechanic who can provide an estimate of the repair bill. In the event that the car is a write off, you will need to obtain an estimate of its value at the time of the accident.
  • Obtain copies of all expenses associated with the accident, including medical bills, lost wages, alternative transport costs and property damage.
  • Arrange a consultation with a personal injury attorney who can advise you on your case, Texas contributory negligence laws and help determine any pain and suffering amount you can add to the demand.

In most cases, you will initially file the demand for compensation with the at-fault driver’s insurer, providing it with details of evidence you have of their negligence and documentation to support your damages claim. Insurers may attempt to blame you for the accident, or challenge the amounts you have claimed. This is when a personal injury attorney’s experience can help to settle the claim in your favor. Note that the statute of limitations for such claims in Texas is two years from the date of the accident.

How Negligence Impacts A Rear-End Collision in Texas

Negligence is a leading contributor to rear-end collisions. Often, the driver is distracted by something such as a cellphone, eating, GPS, or the radio. These distractions can lead to a lapse in judgment or failure to observe traffic. Speeding is also a contributor to rear-end crashes.

When an accident report is completed, the officer will indicate who was at fault for the crash and it might list contributing factors. Evidence, documentation and even eyewitness accounts of the crash can help prove negligence played a role in the crash.

Maintain a copy of the accident report and get contact details for any witnesses. Because modified comparative fault is used in Texas, you can pursue a claim against the other driver as long as you are not more than 51% at fault for the accident.

Rear Ended In Texas

Damages That Might Result From Being Rear-Ended in Texas

Your vehicle could suffer extensive damages from the rear-end collision. These are property damages. You should take your vehicle to a qualified auto body repair shop to get a written estimate for the damages. Your injuries will warrant medical care, so you will have medical bills.

You need to keep copies of medical records, medical bills, and proof of any missed work. Because of your injuries, you will also have pain and suffering. Other damages that might result include future loss of earnings, future medical expenses, and loss of enjoyment of life.

Your personal injury attorney will help you determine which damages you suffered as a result of the crash.

Photos of the crash scene, damages, and injuries can be beneficial in helping to prove your claim as well.

Consult With A Personal Injury Attorney

If you have been rear-ended in Texas, you should consult with a personal injury attorney about filing a personal injury claim to recover compensation for the damages that you suffered as a result of the crash.

Your lawyer will investigate the crash, go over all the evidence and documentation, then determine if you have a strong case so you can pursue a Texas personal injury claim against the other party.

Because auto accident injury lawyers work on a contingency basis, you will not pay out anything until you get a judgment or settlement.

There is a two-year statute of limitations for filing a personal injury claim in Texas. Schedule a free case evaluation with a Texas personal injury lawyer today.

Further Reading