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At some point in virtually everyone’s driving career, they’ll be involved in some type of automobile accident. While some can be fatal, it’s much more common to be involved in a “fender bender,” where one party hits another party from behind.
In these situations, it might be tempting to simply swap insurance information with the other driver so you can get on with your day, but this is almost always a mistake. Filing the appropriate police report is the first step in reclaiming any damages you might be entitled to, and hiring a qualified rear-end car accident lawyer can help you navigate the process smoothly.
Key Takeaways
- Rear-end car accidents aren’t always the fault of the rear driver. A rear-end car accident attorney can help determine if fault lies with the front driver or a possible third party.
- If you were injured in a rear-end car crash, a car accident lawyer can help you pursue compensation for your medical expenses, lost wages, property damage, pain and suffering, and more.
- Rear-end car accident lawyers, like those at DFW Injury Lawyers, often operate on a contingency fee basis, meaning you only pay if they secure compensation for you.
What Is a Rear-End Collision?
A rear-end collision involves one car striking another from behind. A common misbelief is that in these situations, the rear driver (the one who hits the car in front of them) is always to blame. That isn’t always the case.
Several factors determine who may be at fault and possibly responsible for damages.
- Laws governing the state where the accident took place: Some states use comparative negligence, which means the responsibility for the collision could belong to both drivers. Texas follows modified comparative negligence, which means as long as a driver isn’t more than 50% responsible for their injuries, they can file a lawsuit.
- The prudence of the front driver: The driver in the front has responsibilities like maintaining proper care of their car (ensuring taillights and brake lights are operational), using turn signals, and paying attention to hazards in front of them.
- The prudence of the rear driver: Likewise, the rear driver has the responsibility of maintaining a safe distance from the car in front of them and paying attention to the driver’s turn signals, etc.
In some cases, a third party could be at fault. For instance, if a vehicle several car lengths in front of the front driver loses control, spills debris into the road, or acts unlawfully, a chain reaction of events may result in the rear-end crash in question. Car manufacturers, trucking companies, truck loading companies, and more might be called on to pay their share of the damage.
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Rear-End Collision Statistics
If you’ve never had an accident, it’s easy to think it won’t happen to you, but statistics say otherwise. In 2023, there were over 550,000 motor vehicle accidents on Texas roadways. Over 48,000 of those crashes resulted in property damage.
What’s more alarming is that rear-end collisions account for 23% of all motor vehicle crashes in the state, resulting in approximately 2,000 deaths and over 950,000 injuries yearly.
Considering these figures can help shift your perspective from “it won’t happen” to “it could happen.” Awareness of the prevalence of rear-end collisions and the damage they can create can help us drive safer and be better prepared in the case of an accident. Having access to a local accident attorney experienced in motor vehicle crashes is essential for auto accident preparedness.
What Causes Most Rear-End Accidents?
There are numerous reasons why rear end accidents occur.
- Tailgating. Following another car too closely is illegal and an aggressive form of driving that can lead to a rear-end collision.
- Distracted driving. Eating, drinking, talking on a cell phone, texting, grooming, or reading cause a driver to become distracted and take their eyes off the road.
- Driving under the influence. Driving under the influence of drugs or alcohol can lead to a motor vehicle accident. Driving with a blood alcohol level (BAC) of .08% or higher is considered drunk driving.
- Aggressive driving. Being an aggressive driver places your own life and the lives of others at risk. Speeding, road rage, cutting off other drivers, or brake-checking others are examples of aggressive driving.
- Driver fatigue. Driving while you are tired can be incredibly dangerous. Driving after 20 consecutive hours of being awake is comparable to driving with a BAC of .08%.
- Unskilled drivers. Not understanding basic driving skills or driving during inclement weather, etc. can lead to motor vehicle accidents.
- External factors. Weather, road conditions, vehicle manufacturing defects, and the like can also lead to accidents.
While this is not an exhaustive list, it represents many common reasons why rear-end vehicle collisions occur.
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What Can be Damaged in a Rear-End Collision?
Even if you’re involved in a relatively minor rear-end collision, there could be damages you aren’t immediately aware of. For instance, if you don’t spot much cosmetic damage to your vehicle, more could be hiding beneath the surface.
Some vehicular damage isn’t visible by looking at the exterior of your car, including:
- Frame damage
- Alignment issues
- Engine damage
- Suspension problems
All of the above issues (and more) can arise out of a rear-end collision and would likely go unnoticed without a thorough vehicle diagnostic inspection.
In addition, medical complications might not present at first but may develop over time, which is why heading to your doctor early on after the accident is still essential.
Shoulder and neck injuries are often common in rear-end collisions, but you may not experience the effects of these injuries for several days or weeks after an accident.
Other medical injuries, like traumatic brain injuries, broken bones, soft tissue damage, facial injuries, and whiplash may appear directly following an accident. If you’ve been injured, seek medical attention immediately.
It’s essential to have a thorough medical examination as soon as possible after your accident. This helps ensure all rear end collision injuries are documented and proper treatment can be administered.
I Got Rear-Ended. What Should I Do Next?
If you’ve been rear-ended, following a general list of post-accident steps helps ensure your safety, the safety of your passengers and other drivers. Accident protocol can also help set the stage to be properly compensated for any damages later on.
What to do when you get rear-ended
Immediately after the accident:
- Check for immediate danger. Pull over if possible, check that your vehicle is not leaking fuel or other hazardous liquids, and step away from the roadway to a place of safety, if you can.
- Assess injuries. Look for head injuries, bleeding, persons trapped inside the vehicle, etc. Dial 911 if necessary.
- Contact the police. If you have not already dialed 911, have an officer come to the scene of the accident.
- Collect information from other parties while waiting. You can exchange contact information, insurance information, and license plate numbers. Take photographs of vehicular positioning and damages. (Taking rear-end collision pictures is also a good way to document damage.)
- Head to the nearest hospital for a head-to-toe medical assessment. Keep in mind not all injuries are visible, and adrenaline in your system could be masking pain that you may experience later.
In the days/weeks following your accident:
- Keep a detailed account of your injuries and your care. Keep receipts, account statements, diagnostic statements, and more. Maintain a record of your progress as you heal.
- Make notes of how the accident has impacted your quality of life. For instance, if you are no longer able to lift your children, or if you have trouble concentrating or difficulty walking, that could be important.
- Keep a log of other losses you experience. Such losses could include time off from work or pay cuts from the inability to perform your work.
- File an insurance claim. This should be done as soon as possible. Some auto insurance carriers have a statute of limitations on how long you can wait before filing a claim.
- Contact a rear-end accident lawyer. It’s essential that you contact a rear end accident attorney who specializes in handling rear-end car accident cases.
The team at DFW Injury Lawyers is experienced with vehicle accidents and rear-end collisions. We are able to assist you from the moment you experience your accident all the way through trial if your case demands it.
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Rear-End Collision Law
The laws governing the fault of vehicular collisions differ from state to state. Determining negligence isn’t as easy as assigning the fault to the rear driver. In Texas, courtrooms operate on an at-fault basis, which means the party determined to be at fault pays the losses in the case.
Texas also operates under modified comparative fault. So, in order to be able to pursue compensation, the driver filing the lawsuit has to be deemed less than 50% at fault for the rear-end crash. Determining fault can include an evaluation of which drivers exercised a lack of reasonable care while driving. This could mean the front driver not using a turn signal or the rear driver not maintaining a safe distance.
Who is At Fault in a Rear End Collision?
In the state of Texas, the driver in the back is not always the driver at fault. Determining rear-end collision fault is based on an investigation of the accident and determining factors that may also include third parties.
In a multiple rear-end collision, there may be additional parties responsible for damages. Consequently, it may be possible for multiple parties to bring suit and attempt to collect damages. The right lawyer in these situations can help establish that the other party was at fault and gather supporting evidence to show how the crash happened and how it caused your injuries.
Should I Get a Rear End Car Accident Lawyer?
If you’ve been injured in a rear-end collision, seek out a personal injury lawyer to take your case. Without an attorney, you could end up paying for losses you aren’t responsible for or losing out on compensation to hep with injuries and time away from work.
The right lawyer should have experience and work tirelessly to help you receive compensation to which you are entitled. Not all rear-end accident attorneys can protect you as well as our Texas car accident team.
DFW Injury Lawyers is ready to help you with your case and ensure your rights are protected with:
- Personalized attention
- Quality, accurate, and important legal advice and representation
- Assistance with other necessary injury and accident recovery resources
The protection of your rights after an accident is extremely important. Let us help you reduce the amount of stress related to your accident by handling your case for you.
Rear-End Car Accident Lawyer: FAQs
Working with a rear-end collision lawyer can be the key to a successful case — both in terms of case payout and emotional healing. Before we go, let’s talk about the causes of rear-end collisions and how an expert in rear-end collision law can help handle your case while you focus on getting better.
1. Why are rear end collisions so common?
Tailgating; distracted drivers; and failure to use turn signals, heed roadway signage, or maintain safe distances are some common reasons rear-end collisions occur.
2. Why are rear-end collisions so common on interstate highways?
Vehicles traveling on the same roadways with varying speeds, reckless driving, construction, and high traffic volume mean rear-end collisions tend to happen more on interstate highways than on surface streets.
3. When are rear-end collisions most likely to occur?
Most frequently, rear-end collisions occur at low speeds, like when traveling through a traffic light or stop sign, but they also occur at high speeds.
4. How can you help prevent rear-end collisions?
Keep a safe distance from the vehicle in front of you when driving. Never drive under the influence of drugs or alcohol, or when you are overly fatigued or tired. Maintain a safe speed, and move your car off of the roadway if you have vehicle trouble. Keep your eyes on the road, and never attempt to read, text, or eat while driving.
5. How much is a rear end accident worth?
If you’ve been injured in a rear end vehicle collision, you may entitled to compensation for:
- Lost wages
- Medical bills
- Mental anguish
- Wrongful death and/or survivor damages
- Disfigurement
- Physical impairment
- Scarring
- Loss of services
A rear-end accident attorney can help you determine your losses and determine how to be compensated.
6. Do I need a rear-end car accident lawyer for minor injuries?
Even with minor rear-end collision damage, it’s wise to seek the help of an accident attorney. A legal professional can help you navigate your claim and safeguard your rights. Even minor injuries may be compensable, though reach out to a car accident lawyer to be sure.
7. Can I afford a rear-end car accident lawyer?
At DFW Injury Lawyers, we do not collect legal fees for your case unless we win it. That means no up-front costs. (It’s important you also understand how much you may be entitled to collect.)
8. What is the rear-end collision settlement?
The average settlement for rear-end collision crashes can vary substantially. The sum might range from from a few thousand dollars to hundreds of thousands of dollars depending on the severity of the damages and injuries. For the optimal rear-end accident settlement, car crash victims should reach out to top personal injury law firms. Our results at DFW Injury Lawyers prove that our firm is dedicated to seeking the most available from the party at fault.
No Fee Until We Win: Call in the Muscle of DFW Injury Lawyers Today
If you’ve been injured in a rear-end collision, DFW Injury Lawyers can help. We are a team of experienced rear-end accident lawyers who can work with you to develop a compelling case and get you the compensation you deserve. Let’s set up a time to talk about how we could help you get on the path to recovery.