A rear end accident occurs when a vehicle crashes into the one before it. Common factors that contribute to rear-end collisions include inattention or distraction from drivers, tailgating, panic stops, and reduced traction due to wet weather or worn pavement.Texas Transportation Code Section 545.062 explains that a vehicle driveris required to maintain a safe following distance based on the speed of each vehicle, traffic, and weather conditions.
It is strongly recommended that you receive medical treatment urgently and do not delay in seeking legal help after a negligent driver injures you in a rear end accident. Texas is considered to be a comparative negligence state. Comparative negligence assigns fault between drivers. A driver’s liability may be reduced, but not necessarily removed, if the other driver is partly responsible for the accident.Generally speaking, the liability for a Texas rear end car accident falls on the vehicle in the rear position. But that doesn’t mean all the scenarios declare the accident was caused by the driver who was tailgating in the rear position.
If you have experienced a rear end accident, you should consider the following steps:
1. Check for injuries, call the police and receive medical treatment:
After an accident, check your wounds and injuries first and then get them medically treated on an urgent basis. Do not take any minor pain or injury lightly as it may worsen after a few days. Inform the police, regardless how minor the damage appears. It is important to have a police report in order to validate your insurance claim.
Maintain notes of all information regarding your rear-end collision. If possible, take photos with your smart phone at the scene of the accident. These photos could be important if you are forced to file a personal injury claim. Doobtain the full name and address of the driver who hit you, as well as his or her phone number and their insurance company.
Human nature is to say I’m sorry or emotionally accept something under pressure. This apology can be misconstrued as consenting that you are at fault even when you potentially are not.
Most importantly, you should immediately consult with an experienced attorney in Houston to properly take your case.
Whiplash is one of the most frequent injuries resulting from rear end accidents. Whiplash injuries occur when the neck is forced to move beyond its normal range of motion. It may result in injuries not healing within a few weeks can be a sign of further neck or spine damage.
Spine, joint and back injuries are additional possible injuries that may result from rear-end crashes. Critical cervical spine injuries may even bring about full or partial quadriplegia, necessitating prolonged medical treatment and physical therapy to restore some feature of the limbs if possible.
The compensation which an injured person is entitled to depends upon the seriousness of the injury. An injured victim who requires only spinal injections will have a different amount of settlement than an injured victim who requires back surgery. There are also other factors to consider, such as whether or not the victim needs future medical treatment or rehabilitation support, which would lead to an increase in a settlement offer.Insurance companies presume that there are only minor injuries, if any, during rear end collisions in order to reduce the amount of compensation.
Our aggressive personal injury trial attorneys at the Hollingsworth Law Firm are committed to fighting for the compensation you deserve. If you are the victim of an automobile accident, airplane accident, workplace injury or other catastrophic injury, you need legal advice from a personal injury attorney with proven results you can trust. Our dedicated legal team is proud to represent clients across the state of Texas. WE WILL START FIGHTING FOR YOUR RIGHTS TODAY!
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