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Rear End Car Accident Lawyers
You’re sitting at a red light when suddenly and without warning, your vehicle is violently pushed forward. The shock and adrenaline of what you quickly realize is a rear-end collision mask the pain in your neck.
Rear-end accidents are among the most common types of car accidents, often resulting in significant property damage and personal injuries. In fact, nearly 30% of all motor vehicle crashes are rear-end collisions. These crashes result in the following annual statistics:
- 2.5 million rear-end collisions occur each year
- 2,000 deaths
- 950,000 injuries
The bulk of deaths from rear-end accidents occurs when a vehicle strikes a motorcycle or when a commercial vehicle strikes a smaller passenger car.
If you’ve been involved in a rear-end collision, seeking legal assistance from a rear-end accident lawyer is crucial. Our attorneys can review the details of your accident-free of charge and help you understand your legal options.
How Long Does a Rear-End Car Accident Claim Take?
In clear cases of liability, rear-end accident claims can settle in a matter of months. However, not all cases are straightforward. For this reason, it’s impossible to estimate exactly how long the resolution to your case will take. Factors that may effect the length of your claim include the parties involved, the amount of compensation at stake and facts of your case. More specifically, the following factors may influence how long your claim can take:
- The number of parties involved
- Insurance companies
- Third-party liability
- The severity of your injuries
- If litigation and jury trial is needed to make the negligent party pay up
- Your attorney’s reputation among insurance companies
If you hire a trial attorney as your rear-end accident lawyer, the chance of recovering the money you deserve increases.
What is Considered a Rear End Collision?
A rear-end accident occurs when one vehicle collides with the back of another vehicle in front of it. These accidents often happen due to sudden deceleration, distracted driving, tailgating, or failure to maintain a safe distance between vehicles. Such collisions can take place at various speeds, ranging from low-speed crashes in congested traffic to high-speed accidents on highways.
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Types of Rear End Accidents
The National Highway Traffic Safety Administration (NHTSA) estimates that nearly 30% of car accidents are rear-end accidents. The most common types of collisions our injury attorneys see include the following:
- Trucking rear-end accidents. Semi-trucks or 18-wheelers operating on Texas roads must ensure they operate their vehicles within federal guidelines. This means adhering to weight restrictions, posted speed zones, and getting the proper rest.
- Tailgating. Unexpected events happen on roads everywhere, leading to sudden braking or unexpected maneuvers. Motorists have a duty to keep a respectable distance from the vehicle in front of them and pay attention to avoid collisions.
- Slow speed impacts. Low-impact rear-end collisions, sometimes called “fender benders, ” occur when vehicles move at a low speed. Most often, they occur during rush hour traffic during morning and evening commutes.
- Pile-up accidents. In some cases, a single rear-end collision on a highway or a busy side street can lead to a chain reaction of events that leads to multiple-vehicle wrecks. These accidents can lead to devastating injuries.
Distracted Driving is the Cause of Most Rear-End Accidents
What to Expect?
Injuries are Serious Legal Matters
When an injured person hires a personal injury lawyer, they typically receive 3.5 times more money than they would if they tried to handle their case independently. Consultations are free, and our clients don’t pay us any fees upfront. We only collect if we successfully resolve your case.
NHTSA estimates that 87% of all rear-end accidents were preventable. The solution: the at-fault driver pays closer attention to the road. In many cases, distracted driving is the primary cause of rear-end accidents.
Distracted Driving
One of the primary causes of rear-end car accidents is distracted driving. With the rise of smartphones and other electronic devices, drivers frequently engage in activities that divert their attention from the road the following:
- Texting
- Talking on the phone
- Adjusting music
- Eating
- Grooming
- Rubbernecking
When drivers fail to focus on the road ahead, they are more likely to collide with the vehicle in front of them.
No Matter How You Were Injured, We Can Help
The Carlson Law Firm is committed to representing individuals and families throughout Texas. Our team of more than 40 dedicated accident attorneys, private investigators, and registered nurses work tirelessly to help clients through their legal journeys and toward the compensation they deserve.
We are able to help victims who have been injured in a number of different scenarios, including:
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Causes of Rear End Accidents
Tailgating and Speeding
Tailgating, or following too closely behind another vehicle, is a dangerous behavior that often leads to rear-end accidents. When drivers do not maintain a safe distance, they have less time to react to sudden stops or changes in traffic flow, resulting in rear-end collisions. Additionally, speeding reduces the driver’s ability to stop in time, making it more likely for them to collide with the vehicle ahead.
Poor Weather Conditions
Adverse weather conditions, such as rain, snow, fog, or icy roads, can significantly impact the likelihood of rear-end car accidents. Reduced visibility and slippery road surfaces make it challenging for drivers to brake effectively and maintain control of their vehicles. This increases the risk of rear-end collisions, especially when drivers fail to adjust their driving behaviors to suit the prevailing weather conditions.
Sudden Braking and Failure to Signal
Abrupt braking without warning or failing to use turn signals can catch following drivers off guard, leading to rear-end accidents. These actions prevent the driver behind from having sufficient time to react and apply the brakes in a timely manner. Communication through signaling and maintaining a consistent speed helps other drivers anticipate and adjust their driving accordingly, reducing the risk of rear-end collisions.
Fatigue and Impaired Driving
Fatigue and impaired driving are significant contributors to rear-end accidents. Drowsy drivers may experience reduced reaction times, impaired judgment, and even microsleep episodes, which increase the likelihood of rear-end collisions. Similarly, driving under the influence of alcohol or drugs affects a driver’s coordination, perception, and decision-making abilities, putting them at a higher risk of causing rear-end accidents.
Rear-End Collision Injuries in Texas
The injuries in a back-end crash range from minor to severe. Injuries depend on factors like speed, distance and type of vehicles involved in the crash. For example, an 18-wheeler traveling at a high speed within a close distance of a passenger vehicle may can lead to more severe injuries.
Some of the most common injuries we see in our practice include the following:
- Traumatic brain injuries
- Concussions
- Whiplash
- Neck and spinal injuries
- Paralysis
- Facial injuries
- Dental injuries
- Crushed or fractured ribs
- Broken bones
- Punctured lungs
- Internal bleeding
- Lacerations
- Contusions
- Disfigurement
How is Blame Assigned in Texas Rear End Car Accidents?
Generally speaking, the driver responsible for hitting the lead driver is the one to blame for the collision. Drivers should always leave enough room to stop if the car in front stops. However, there are some cases when both drivers may bear responsibility.
Presumed Liability
In most rear-end accident cases, the driver who strikes the vehicle in front is presumed to be at fault. This presumption arises from the legal concept of duty of care, which mandates that drivers maintain a safe distance and exercise caution to avoid colliding with the vehicle ahead. As a result, the driver who rear-ends another vehicle is often initially considered responsible for the accident.
Contributory Negligence
However, there are instances where the driver of the vehicle in front may also bear some degree of responsibility. Contributory negligence refers to situations where the actions or negligence of the front driver contribute to the occurrence or severity of the accident. Examples include sudden and unexpected stops without proper signaling, reversing unexpectedly, or faulty brake lights that do not warn following drivers.
Comparative Negligence
In some jurisdictions, comparative negligence principles are applied to rear-end accident cases. Comparative negligence considers the actions and negligence of both drivers involved in the accident. Each driver’s degree of fault is assessed, and their compensation is adjusted accordingly. For instance, if the driver in front is found to be 20% at fault, their potential compensation may be reduced by that percentage.
Other Factors
While the driver who rear-ends another vehicle is typically presumed to be at fault, there are additional factors that can influence liability determination. These factors include:
- Multiple Vehicle Accidents: In cases where a chain reaction of rear-end collisions occurs, determining liability can become more complex, as multiple drivers may be involved.
- Mechanical Failures: If a mechanical failure, such as faulty brakes, contributes to the accident, liability may shift to the vehicle manufacturer or maintenance provider responsible.
- Modified Comparative Fault: Texas applies a modified comparative fault rule to establish liability and compensation in car accidents. The actions and negligence of both drivers can impact liability in jurisdictions that apply comparative negligence principles.
In Texas, anyone found more than 50% at fault for causing a crash cannot recover financial compensation. For this reason, it is incredibly important to establish liability in a rear-end accident case. The insurance company will immediately get to work trying to shift the blame to you. You must have an experienced rear-end accident lawyer to represent you and fight for what you deserve.
How Should I Handle Myself After a Rear-End Collision
Follow these helpful guidelines to ensure you handle a rear-end accident effectively:
- Call for Help. Immediately contact the police to report the accident and request an ambulance if there are any injuries requiring emergency medical attention. Prioritize your safety above all else.
- Exchange Information. Share your license and insurance details with the other drivers. Additionally, gather the names and contact information of witnesses at the scene.
- Gather Evidence. If possible, take photographs of the vehicles’ positions before they are moved, capturing multiple angles. It’s also beneficial to photograph any visible injuries you may have sustained.
- Seek Medical Attention. Even if you don’t require immediate emergency treatment, it’s crucial to undergo a medical assessment soon after the accident. Some injuries, like whiplash or head trauma, may not manifest immediately but can be detected by a trained medical professional.
- Follow Medical Advice. Attend all scheduled doctor appointments and adhere to the prescribed treatment plans. Comprehensive medical documentation is vital for your accident claim.
- Contact an Attorney. Contact an experienced attorney who can handle communications with insurance companies on your behalf. With legal representation, your rights will be safeguarded, increasing your chances of obtaining fair and maximum compensation.
- Maintain a Pain Journal. If your injuries are severe, keeping a daily pain journal can assist your doctor and your claim. Document your daily experiences, noting the impact of your injuries on your everyday life. This journal can aid in tracking your recovery progress and mental well-being.
- Keep Bills and Receipts. Organize and retain all medical bills, repair invoices, and receipts for any out-of-pocket expenses related to the accident. These records will be essential for your claim.
- Don’t post on social media. Refrain from posting comments or updates regarding the accident or your injuries on social media platforms. Information shared online can be accessed by opposing attorneys or insurance adjusters, and potentially used against you. Protect your claim by avoiding social media discussions related to the accident.
Speak to a Rear End Car Accident Lawyer at The Carlson Law Firm
We Care. We Can Help.
An Attorney Who Cares Matters
An attorney who truly cares about you will do everything they can to ensure you get the results you deserve. A lot of attorneys in our area aren’t personal injury trial lawyers and pride themselves on settlements. Well, we are trial lawyers who know that sometimes settlements aren’t always the best option for your case.
Injuries often happen when you least expect it. We’re available 24/7 to ensure you get the help the need and representation you need for the best possible physical, mental and financial recovery.
A Team that Works Tirelessly for You
Companies deploy teams of lawyers immediately after an incident to deny or devalue your claim. They may even try to place the blame on you for their negligence. You need a team with the same mission. The Carlson Law Firm’s attorneys, legal assistants, nurses, private investigators and support staff are available around the clock to take your call. We’re here to help you, no matter what.
Advocates for Mental Health
We take our titles as counselors at law seriously. Our Harker Heights personal injury lawyers are here to guide you through the aftermath of traumatic events in cases of serious wrongdoing. We are a team famous for both our compassion and victories. We are committed to seeing our clients recover physically, mentally and financially.
Helping People, Families, and Texans.
For nearly 50 years, we’ve represented families across Texas with the same enthusiasm for justice we continue to carry. Our clients will tell you that a Carlson Law Firm attorney is the type of attorney you need on your team. We will fight to get you the much-needed medical to ensure you can afford lifestyle accommodations after lifelong injuries—we’re the team that is here for you. Clients trust us to find the answers, get results and get you started on the journey to rebuilding your life.
When you need someone in your corner, we’re here.
Nationally Recognized Law Firm Near You
Insurance companies outspend, outnumber and deploy several tricks to get you to settle for less than what you deserve. Fortunately for you, The Carlson Law Firm knows their tricks, has the resources and trial-winning experience to ensure these companies know you mean business.
Our experienced legal team can help protect your rights and maximize your chances of receiving fair compensation. The Carlson Law Firm’s Texas car accident lawyers have extensive experience handling rear-end accident claims. You can focus on recovering from your injuries while we communicate with the insurance company. Our trial attorneys will negotiate the full value of your injury claim. We consistently get significant verdicts and recoveries on behalf of our clients.
We have offices across Texas. Schedule a free consultation. We can come to you or do your consultation over the phone or via Zoom.
