What Steps Can You Take if a Negligent Driver Injures You in a Rear-End Accident?
It may not be easy to prove who was at fault for a traffic collision, but if a negligent driver injures you in Texas, proving that driver was at fault is what you must do to receive compensation. You'll need legal help – quickly – from an Austin car accident attorney.
In rear-end auto accidents, the driver in the rear is not always the at-fault driver. If a negligent driver injures you in a rear-end crash, how can you prove that driver was at fault? And what steps can you take to recover the compensation that Texas law entitles you to recover?
What Are the Facts About Rear-End Accidents?
Each year in the U.S., more than 1.5 million rear-end accidents happen. Rear-end accidents cause over 500,000 injuries and about 1,500 deaths each year. The serious and catastrophic injuries some victims sustain in rear-end crashes include:
- fractures and multiple broken bones
- traumatic brain injuries (TBIs)
- injuries that require amputation
- neck, back, and spinal cord injuries
- internal injuries
If you sustain any of these injuries – or any other catastrophic injuries – in a rear-end collision because the other motorist was negligent, reckless, or intoxicated, you'll need the maximum available amount of compensation.
Under Texas law, injured victims of negligent motorists are entitled to compensation for their pending and future medical expenses, lost and projected lost earnings, pain, suffering, and related losses and damages.
How is Fault Determined for Rear-End Accidents?
Safely stopping a vehicle is an essential part of driving safely. A motorist who rolls into or collides with a legally parked or legally stopped vehicle is almost always assigned liability for a rear-end collision.
But more often than you may think, the motorist in the front vehicle may share the fault for a rear-end collision. Drivers in the rear should always leave enough space between vehicles to brake safely if the driver in front stops for no apparent reason.
When Does the Motorist in the Front Vehicle Have Liability?
In heavy or fast-moving traffic, if the motorist in front of you brakes suddenly, it may be impossible to prevent a collision. In this situation, if you crash into the vehicle in front of you, you may not be one hundred percent liable for the collision.
In a rear-end accident, the motorist in front may be partially liable if the front vehicle's taillights or brake lights weren't working correctly, if that motorist slowed to turn without signaling, or if the motorist made an emergency stop without using blinkers or hazard lights.
If you're the motorist in the rear, it may be challenging to prove that the driver in front had any liability for the crash. In the Austin area, if you were injured – in either vehicle – in a rear-end collision, you should be represented and advised by an Austin traffic accident lawyer.
What if Both Drivers Are At Fault?
To determine how a rear-end accident happened and which driver was at fault – or if the fault is shared – your Austin car accident attorney will review the medical and police reports, any video or photos from the accident scene, and the statements of any eyewitnesses.
When a rear-end accident happens, take photos of the vehicles and the accident scene. If there were witnesses, ask for their names and contact details. Witness statements and photos can be persuasive evidence that may prove fault and lead to a quick settlement of your injury claim.
If the other motorist was entirely at fault, your lawyer will negotiate for compensation to cover all of your damages. But in many rear-end crashes, drivers share the fault, and in these cases, Texas courts adhere to a legal principle referred to as modified comparative negligence.
How Does Modified Comparative Negligence Work?
Based on the modified comparative negligence principle, if a negotiated settlement is unavailable after a rear-end collision, a Texas jury will determine each motorist's share of the fault for the crash. Under modified comparative negligence:
- You cannot recover damages if you are 51 percent or more at fault.
- You may recover damages if you are less than 51 percent at fault, but your damages will be reduced by your percentage of fault.
If your damages total $200,000, for example, but you had ten percent of the fault for the accident, you may recover only ninety percent of your damages or $180,000. In other words, the compensation you may recover is reduced by your percentage of liability for the collision.
What Happens When You Hire an Accident Attorney?
Car insurance companies try to pay out as little as possible in injury claims, so your Austin traffic accident attorney should be a skillful negotiator who also has considerable trial experience. You must not trust your personal injury claim to an inexperienced lawyer.
Personal injury cases based on rear-end accidents are usually settled when the attorneys privately negotiate an out-of-court settlement. But if liability is disputed or if no acceptable settlement offer is forthcoming, your attorney will take your personal injury claim to trial.
At a personal injury trial, jurors hear testimony from both parties, view photographs of the collision, and determine which driver or drivers to hold liable. If the drivers share fault for the collision, the jurors will calculate the percentage of fault they assign to each driver.
DJC Law Will Fight for the Compensation and Justice You Need
If you've sustained injuries because another driver was negligent in a rear-end accident, or if a negligent driver injures you in the future, after a medical provider examines and treats you, reach out immediately to an Austin traffic accident lawyer at DJC Law.
DJC Law has recovered more than $400 million for our injury clients. We have over three decades of experience fighting for the injured victims of negligent drivers. We represent clients on a contingent fee basis, so you owe no attorney's fee if we do not recover your compensation.
If a negligent, reckless, or impaired driver injures you in a rear-end accident, promptly call DJC Law at 888-853-8169 to schedule a free legal consultation. You'll learn more about your rights and receive the personalized legal advice you need – with no obligation.
