Archives for May 2019

Of the many types of car accidents that occur on the road, a rear-end collision can be particularly devastating. Not only can a rear-end car accident take victims by surprise, but it can also cause significant vehicular and physical damage, even at slower speeds. Let’s look at the most common causes of these accidents and how a personal injury attorney can help you get the compensation you deserve.

These Cases Are More Complicated in Texas

When you’ve been in this kind of collision, it may seem like fault is easy to determine. However, a Texas court may not find that the other driver is solely responsible. This is because there are many factors which can cause a rear-end accident for both drivers, and any of them can exist at the time an accident occurs to either driver.

What Can Cause a Rear-End Collision?

These kinds of collisions can have several causes. In addition, many times, these factors can combine to cause an accident, such as inclement weather and excessive speed, which only adds to their complexity.

A vehicle’s brakes and other mechanical failures can render a driver unable to stop in time to avoid hitting the vehicle in front of them. Slippery conditions like black ice or a sudden rain, snow, or hailstorm can cause road conditions to deteriorate quickly.

Other causes are in a driver’s control and can result in a rear-end collision for which they are found negligent. Examples of these are using a cell phone while driving and other distractions like talking to passengers. Driving too closely or tailgating is also a significant problem in this state.

Choosing to speed or drive when tired, as well as driving under the influence of drugs or alcohol, can be factors of rear-end collisions in personal injury cases.

These collisions may not be the sole fault of the driver. For example, if the brake lights or signals weren’t working on your vehicle at the time of the accident, you could be found at fault, even though you may not have been aware of these malfunctions. If the driver behind you didn’t know you were turning or braking, they would have been less likely to stop a safe distance from the back of your vehicle.

It may also be that there were no failures in your vehicle, and you simply neglected to use your signals when turning. So, as you can see, several circumstances can contribute to rear-end collisions on both yours and the other driver’s side. This is why it’s so important to ensure you’ve chosen the right car accident lawyer to represent you.

Understanding Rear-End Collision Laws in Texas

It’s important to remember that Texas is an at-fault state. The court will decide comparative negligence and assign a percentage of fault on each driver. The percentage placed on the other driver and you will depend on what a court determines are your respective roles in the accident.

If a court finds you 51% or more responsible for a collision, you will not be able to receive any compensation for your injuries or damage to your vehicle from the other driver. However, fault is not the only thing that needs to be determined; you will also to need to have evidence which proves that you didn’t do anything on your part to cause the accident.

Therefore, it’s especially important to ensure that you do everything you possibly can to prevent an accident from occurring, as this will give you a much better chance of getting a settlement.

Common Injuries and Damages

Many injuries can result from a rear-end collision, which can exert as many as 12 tons of force on a vehicle, and those inside it, if seat belts are not being worn. Even with a seat belt on, the force of a rear-end collision can transfer 1.6 tons of force to a vehicle and its occupants.

Significant damage to the rear of your vehicle and the front end of the other driver’s vehicle can occur, as well as broken glass if the other driver was traveling at a high speed when they hit you. Damage can also occur to the rear axle and transmission of a vehicle, in addition to many other kinds of damage that range from mild to irreparable.

Physical injuries can occur in just as wide a range of severity to one or both drivers. Internal bleeding and damage, as well as injuries to the spinal cord and neck, can occur, as can head and brain injuries. Disc and spinal damage in addition to other back problems and broken bones are also very common physical injuries.

Those involved in an accident have been able to claim many kinds of damages. These include loss of wages, pain and suffering, and loss of their enjoyment of life due to an injury.

How to Reduce Your Chance of a Rear-End Collision

Although some of these preventative measures may be more feasible than others, all can help your car crash lawyer to lessen your amount of fault for the accident.

If it’s time to purchase a new vehicle, it’s a good idea to ensure the one you buy has some kind of collision avoidance or proximity alarm system installed and that it is working properly. This will show that the system would have alerted you to the presence of the other driver prior to impact.

Newer vehicles also include systems for preventing you from rear-ending another vehicle. These front crash systems, when working optimally, will cause your vehicle to brake automatically whenever it detects an obstacle ahead.

Not using a cell phone when driving is another way to prevent an accident. You can also adhere to the speed limit, as well as drive according to the road conditions. Of course, you may not be able to completely prevent an accident from an accident. In this case, there are things you should and shouldn’t do following a rear-end collision.

Steps to Take Following an Accident

You will want to make sure that you and the other driver are okay following the accident; call 911 as soon as possible for assistance. This will also call the police to the accident scene, and they will generate a crash report. If this doesn’t occur, for whatever reason, you need to make sure that a police report is made within 10 days of the accident.

Next, try not to apologize for your part in the accident, as even this can result in more fault being placed on you. Try to flag down anyone who may have witnessed the accident and get their contact information, but do not discuss the accident with them.

Use your phone to take pictures of both the accident scene and the damage to both vehicles. You can also take pictures of your injuries. All of these things can help an auto collision attorney to get you the compensation you deserve.

One of the most important things to never do is talk to the other driver’s insurance company. Should you accept any settlement from them, you will not be able to take your case to court to get any more compensation for your damages.

Which Is the Best Attorney for You?

There are many lawyers in Texas who are more than happy to consult with you about your case. However, it’s important to find one that’s right for you. This means locating a firm with plenty of experience in rear-end collision cases that will fight for you every step of the way.

The attorneys at Shechter, McElwee, Shaffer & Harris understand the complexity of cases like yours. Discover the difference knowledge and experience can make to your case; call us for a free consultation today: (713) 574-5089.