How Does Texas Law Define Fault in Rear-End Collisions?

Have You Been Injured in a Rear-End Collision?

When a person is injured in a traffic accident, determining who was responsible isn’t always easy. If a negligent driver injures you, for instance, in a rear-end accident in the greater Houston area, you must be represented and advised by a Brazoria County car accident lawyer.

The National Highway Traffic Safety Administration tells us that rear-end accidents account for approximately 29 percent of all traffic accidents in the U.S. These accidents also account for about 7.5 percent of all fatal accidents and about 30 percent of the crashes with serious injuries.

In rear-end accidents in Texas, is the driver of the rear vehicle automatically considered liable? Who will cover your medical costs and lost wages if you’re seriously injured in a rear-end crash? When will you need the advice and services of a Brazoria County car accident attorney?

Who is Held Liable for a Rear-End Collision?

In rear-end collisions in Texas, when a driver crashes into or rolls into a vehicle that is legally parked or legally stopped for a traffic signal or sign, that driver is almost always assigned liability.

The ability to brake safely is a fundamental driving skill. A motorist who causes a collision by failing to brake safely is almost always deemed negligent and considered liable. However, in a few rare rear-end collisions, the other driver may share the liability for the accident.

Should a motorist suddenly brake and stop in front of you, you need adequate space in order to brake safely. Of course, in fast-moving, dense traffic, if a motorist suddenly brakes or stops in front of you, a rear-end collision may be unavoidable.

How Do Some Rear-End Accidents Happen?

In a rear-end collision, the motorist in the front vehicle may be deemed partially liable if that vehicle’s brake lights or taillights weren’t working, if the driver turned without using a signal, or if the driver didn’t use blinkers before suddenly stopping.

Nevertheless, if you’re driving the rear vehicle in a rear-end collision, you may have difficulty proving that the motorist in front of you had any fault for the accident. But if you’re injured, a Brazoria County car accident lawyer can offer effective representation and sound legal advice.

Your lawyer will analyze the pertinent evidence – which may include medical records, eyewitness statements, photographs, and the written police accident report – to determine how the accident happened and which driver should be held accountable.

What Can an Injury Victim Recover?

If you’re injured in a rear-end collision because another driver was reckless or negligent, you have the right under Texas law to recover compensation for your pending and future medical bills, current and projected future lost wages, personal suffering and pain, and related damages.

Your Brazoria County car accident attorney will negotiate for a just and reasonable settlement, but if the other party denies liability or fails to make an acceptable settlement offer, your lawyer will take your claim to court and trial, if necessary, to recover the compensation you are entitled to by law.

If you are injured in a rear-end crash in Brazoria County or anywhere in the greater Houston area, don’t admit any fault, do not sign any insurance documents, and don’t even speak with the other motorist’s insurance company before you’ve consulted a personal injury attorney.

How Will Your Injury Claim Be Handled?

If you’re injured in a rear-end crash, the at-fault driver’s insurance company may offer you considerably less than the real value of your injury claim. Don’t accept that offer – or any settlement offer – before you’ve consulted your personal injury attorney.

After you are examined and treated for your injury, contacting a Brazoria County accident attorney should be the next step you take. Your accident attorney will negotiate for the settlement you need, and if necessary, fight for your compensation at trial.

When Should You Have a Medical Exam?

Sometimes, an injury suffered in a rear-end accident may be latent or hard to detect. If you’re not rushed to an emergency room or treated at the accident scene, you must have a medical examination immediately, and if possible, within twenty-four hours of the accident.

If you fail to undergo an immediate medical exam, it may be difficult to tie your injury directly to a specific accident, and you won’t establish the medical records that you’ll need to prevail with a personal injury claim.

A latent or hard-to-find injury may subsequently emerge as a serious condition, so an immediate medical exam protects you both legally and medically. Crash experts believe that a headrest may be the best protection against neck, head, and spinal cord injuries in rear-end collisions.

What Else Should You Know?

When defective vehicles or vehicle parts cause rear-end collisions in Texas, and neither motorist is at fault, your Texas accident attorney may recommend filing a product liability claim to recover compensation from the vehicle or part manufacturer.

Additionally, if you’ve been injured in a rear-end collision that happened because a highway or street was designed or maintained improperly, you may file a personal injury claim against the state or local government or government agency responsible for that roadway.

Is There a Deadline for Seeking Compensation?

With only rare exceptions, the deadline for taking legal action in personal injury cases in Texas is two years. If you’re filing a claim against a state or local government agency, you must additionally file a “notice of claim,” with your attorney’s help, within 180 days of the accident.

Don’t wait two years or even 180 days to speak with an attorney. Do it as soon as you’ve been treated for the injury. Your attorney should speak with any witnesses before their recollections fade and examine the evidence in the case while that evidence is still fresh.

Let the Kahn Law Firm Handle Your Rear-End Accident Claim

It costs nothing to learn more. If you’re injured in a rear-end crash in the Houston area, now or in the future, call the Kahn Law Firm as quickly as possible. The Kahn Law Firm legal team will provide a no-cost, no-obligation evaluation of your case.

Call our offices in Pearland at 713-999-6549 to schedule that first legal consultation. You’ll learn how the law applies to your own case, and you’ll receive sound, personalized advice. Attorneys John J. Kahn, Jr. and Jennifer Hodges Kahn have been practicing law in Texas since 2001.

The Kahn Law Firm has a “no fee unless we win” policy for injury cases which means that you’ll pay no attorneys fee unless and until we obtain your compensation for you. For more than two decades, we’ve been delivering the results that personal injury victims need.