Rear End Accident Lawyer | ATX Legal
Rear-end accidents are one of the most common types of car crashes, accounting for nearly 30% of all traffic accidents in the United States. These accidents often occur when one vehicle lurches forward into the back of another vehicle, causing damage to both vehicles and potential injuries to passengers. You might think of a rear end crash as minor, but serious injuries can result.
If you have been involved in a rear-end accident, it is important to seek legal representation from a qualified auto accident lawyer. These lawyers specialize in cases involving rear-end collisions and have the necessary knowledge and experience to help you navigate through the legal process. Fill out a contact form for a free consultation.
Who Is At Fault In a Rear-End Collision?
In most cases, the driver who rear-ends another vehicle is considered at fault for the rear-end collision. This is because drivers are expected to maintain a safe following distance and be able to stop in time if the car in front of them suddenly brakes.
However, there are some situations where the driver of the car in front may also share some responsibility. Rear end accident lawyers have experience with car accidents and can assess your case
Common Causes of Rear-End Collisions
While driver error is the most common cause of rear-end collisions, there are other factors that can contribute to these accidents. These include:
Distracted driving: Texting, talking on the phone, or any other activity that takes a driver’s attention away from the road can lead to a rear-end accident.
Tailgating: When a driver follows too closely behind the car in front of them, they have less time to react if that car suddenly brakes.
Speeding: Driving at high speeds can make it difficult to stop in time for sudden changes in traffic.
Weather conditions: Rain, snow, and other inclement weather can affect visibility and road conditions, increasing the likelihood of a rear-end accident.
Types of Injuries from Rear-End Collisions
Rear-end collisions can result in a variety of injuries, ranging from minor to severe. Some common injuries include:
Whiplash: This occurs when the head and neck are jolted back and forth, causing strain on the muscles and ligaments.
Head and brain injuries: In more serious accidents, occupants of the front car may hit their head on the steering wheel or dashboard, resulting in concussions or a traumatic brain injury.
Back and spinal cord injuries: The impact of a rear-end collision can cause damage to the spine, leading to herniated discs, fractures, or paralysis.
Neck injuries: Rear-end accidents can also cause neck sprains and strains.
Secondary Rear-End Accident Injuries
In some cases, a rear-end collision can also cause secondary injuries. These may not be immediately apparent and can worsen over time if left untreated. Some examples include:
Soft tissue injuries: Damage to muscles, tendons, or ligaments may not be noticeable at first but can result in chronic pain and discomfort.
Psychological trauma: Being involved in an accident can be a traumatic experience, leading to conditions such as anxiety, depression, or post-traumatic stress disorder.
I got rear-ended. Now what?
If you have been involved in a rear-end collision, there are several important steps you should take:
Seek medical attention: Even if you do not think you are seriously injured, it is important to get checked by a medical professional to ensure there are no hidden injuries.
Document the accident: Take photos of the scene, exchange insurance information with the other driver, and gather contact information from any witnesses. This is important to prove damages to the insurance company.
Report the accident: Contact your insurance company to report the accident and provide them with all relevant information.
Consider legal action: If you have sustained injuries or incurred expenses due to the accident, you may want to consult an auto accident attorney to discuss your options for seeking compensation.
What Compensation Can I Receive from a Rear-End Accident Injury Claim?
If you have been injured in a rear-end collision, you may be able to seek compensation for various damages, including:
Medical expenses: This includes any medical bills related to your immediate treatment as well as ongoing medical care for injuries sustained in the accident.
Lost wages: If your injuries prevent you from working, you may be entitled to compensation for all the income you have lost.
Pain and suffering: Physical injuries are not the only damages that can result from a rear-end accident. You may also be able to seek compensation for the pain, emotional distress, and diminished quality of life caused by the incident.
Property damage: If your vehicle or other property was damaged in the accident, you may be able to recover the cost of repairs or replacement.
What is the average settlement for a rear-end car accident?
The average settlement for rear-end car accidents can vary greatly depending on the specific circumstances of each case. Factors such as the severity of injuries, medical expenses incurred, and any other damages suffered can all play a role in determining the amount of compensation received.
It is best to consult with car accident attorneys who can help evaluate your case and determine a fair settlement amount for your personal injury claim. Keep in mind that settlements are also negotiable, so it is important to have an experienced attorney on your side to ensure you receive the maximum amount of compensation possible.
How long do I have to file a rear-end car accident claim?
The statute of limitations for filing a rear-end car accident claim varies by state. In Texas, you typically have two years from the date of the accident to file.
In general, it is best to file a claim as soon as possible after the accident occurs. This allows for a thorough investigation and collection of evidence while it is still fresh. Additionally, waiting too long to file a claim can weaken your case and limit your chances of receiving full compensation for damages for the rear-end crash.
Providing Evidence to Support Your Claim
In order to have a strong case for a rear-end collision, it is important to gather as much evidence as possible. This may include:
Police report: If the police were called to the scene of the accident, their report can serve as valuable evidence.
Witness statements: Statements from any witnesses to the accident can help support your claim.
Medical records: Documentation of any injuries sustained in the accident is crucial for determining damages.
Photos or videos: Visual evidence such as photos or videos of the scene, the license plate number, and damage to vehicles can also be helpful.
It is important to keep all documentation related to the accident, including medical bills, vehicle repair receipts, and any other relevant documents. This will help support your claim and ensure that you receive the compensation you deserve in a personal injury lawsuit.
Navigating Insurance Claims
It is common for insurance companies to offer a low settlement initially in hopes of avoiding a larger payout. It is important to remember that you are not obligated to accept any offers from the insurance company and have the right to negotiate for a fair settlement.
If the insurance company refuses to offer a fair settlement, it may be necessary to file a lawsuit against the at-fault driver. In this case, it is important to have a skilled personal injury lawyer on your side to help navigate the legal process and advocate for your rights.
How a Rear-End Car Accident Lawyer Can Help
A rear-end car accident lawyer can provide valuable assistance in the aftermath of an accident. Some ways a lawyer can help include:
Gathering evidence: A knowledgeable lawyer will know how to gather and preserve important evidence to support your claim.
Negotiating with insurance companies: Lawyers are highly skilled negotiators and can advocate for fair compensation on your behalf.
Representing you in court: In the event that a lawsuit is necessary, a lawyer can represent you in court and present your case to a judge or jury.
Providing legal advice: Car accident attorneys can offer legal guidance throughout the entire claims process, ensuring you make informed decisions.
Five Mistakes to Avoid After a Minor Car Accident
Even minor car accidents can result in injuries and unexpected expenses. To ensure you receive fair compensation, it is important to avoid these five common mistakes after a minor car accident:
Not seeking medical attention: It is crucial to seek medical attention immediately after a rear-end collision, even if you feel fine. Some injuries may not be apparent right away and could worsen without proper treatment. Plus, medical records can serve as important evidence in your claim.
Admitting fault: Even if you believe you were partially at fault for the accident, it is best to avoid admitting fault. Let the insurance companies and lawyers handle determining who is at fault.
Accepting a settlement offer too quickly: Insurance companies may offer a quick settlement, but it is often much lower than what you may be entitled to. Consult with a personal injury law firm before accepting any settlement offer.
Not documenting the accident: Be sure to take photos of the accident scene, including damage to your vehicle and any injuries sustained. Also, obtain a copy of the police report and gather information from any witnesses.
Waiting too long to file a claim: There are time limitations for filing a car accident claim. It is important to act quickly and consult with a lawyer to ensure you meet all necessary deadlines.
Will my car accident lawyer deal with the insurance companies for me?
Yes, one of the main responsibilities of a personal injury attorney is to negotiate with insurance companies on your behalf. They will handle all communication and correspondence with the insurance company, ensuring that you are not taken advantage of or pressured into accepting a low settlement offer. This allows you to focus on recovering from your injuries and making informed decisions about your case.
However, it is important to note that ultimately, you have the final say in whether or not to accept a settlement offer. Your lawyer will advise you on what they believe is fair and just for your case, but the decision is ultimately yours. It is important to communicate openly with your lawyer and discuss any concerns or questions you may have about the negotiation process.
Contact us for a Free Consultation
If you have been in a car accident, it is crucial to seek legal representation as soon as possible. At ATX Legal, we offer free case evaluations for car accident cases and can provide you with expert advice and guidance on your next steps.
Car accident attorney Rob Chesnutt will fight for your rights and ensure that you receive the compensation you deserve. Contact us today to schedule a free consultation.
