Rear-ends may happen more often than you think. Rear-end crashes account for more than 29% of all crashes in the United States, according to the National Highway Traffic Safety Administration. With that said, rear-end collisions are not something to overlook, especially when it happens to you.
When you are in a rear-end collision situation, you need to do certain things before you call your rear-end accident lawyer. This article will discuss everything you need to know about rear-end collisions and what to do when encountering one.
What is a Rear-End Collision?
A rear-end collision (often called simply a "rear-ender") is a type of car accident that occurs when one vehicle collides with the back end of another vehicle. Rear-end collisions often occur when the driver in front suddenly stops or slows down, and the driver behind fails to react quickly enough to avoid a collision. Rear-end collisions can also be caused by other factors, such as bad weather, tailgating, and distracted driving.
Why Do I Keep Getting Rear-Ended?
If you notice that you keep getting rear-ended, getting your car checked out might be a good idea. There might be something wrong with your brakes or taillights. Some common reasons include:
- Not focused on driving: Most rear-end collision cases root in some form of driver inattention. If you're not paying attention to the road, you won't be able to react in time if the car in front of you stops short.
- Following too closely: Tailgating is one of the leading causes of rear-end collisions. If you're tailgating, you're not giving yourself enough time to brake if the car in front of you needs to stop suddenly.
- Drowsy driving: If you're behind the wheel when you're tired, you're more likely to get into an accident.
- Aggressive driving and road rage: Sometimes, drivers get so angry that they start driving aggressively, increasing the risk of an accident.
- Driving under the influence: One of the most common reasons drivers get into rear-end collisions is driving under the influence of drugs or alcohol.
What Does Comparative Negligence in Texas Mean?
In the state of Texas, there's a law called "comparative negligence." This law says that if you're involved in an accident, and it's determined that you're partially at fault, your compensation will be reduced by the percentage of fault attributed to you.
Picture the insurer convincing a jury to pin 20% of the blame on you. Under comparative negligence, a $10,000 award would shrink by that share, leaving you with $8,000. That math is exactly why insurers push blame onto the person who was hit, and why the evidence fight matters.
It's important to note that each case is different, and the amount of fault attributed to each party can vary. An experienced car accident lawyer can help you determine the percentage of fault you may be attributed in your case.
Common Injuries From Rear-End Accidents
- Head injuries: These can range from minor concussions to more serious traumatic brain injuries. If you hit your head in a rear-end accident, seek medical attention immediately.
- Soft tissue injuries: These include injuries to the muscles, tendons, and ligaments. Whiplash is a type of soft tissue injury that's often seen in rear-end accidents.
- Fractures: These can range from simple fractures that heal on their own to more serious compound fractures that require surgery.
- Back & neck injuries: These can range from mild sprains and strains to more serious herniated discs that can lead to chronic pain lasting months or even years.
What To Do After Getting Rear-Ended
- Check for injuries: The first thing you need to do is check yourself and your passengers for injuries. If anyone is injured, call 911 right away.
- Move to a safe location: If you can move and there are no injuries, move your car to a safe location off the road to prevent further accidents.
- Notify the police and file a report: Call the police and file a report. This will document the accident and can be used if you need to file an insurance claim or personal injury lawsuit.
- Take photos: If you have a camera or smartphone, take photos of the damage to your car and the other driver's car. These can be used as evidence.
- Exchange information: Get the contact information of all the drivers and witnesses involved in the accident.
- See a doctor: You must see a doctor as soon as possible. Even if your injuries seem minor, they could be more severe than they appear.
- Call your insurance agent: Your agent will help you navigate the claims process and get the compensation you deserve.
Is It Always the Fault of the Car From Behind?
In most cases the rear driver is at fault, because Texas law expects every driver to keep enough following distance to stop for the traffic ahead. A driver who hits the car in front of them usually followed too closely, drove too fast, or looked away from the road. Expect the insurance company to look for ways around that presumption. A common move is to blame the lead driver, claiming a brake light was out or a stop was too sudden. These arguments rarely hold up against the physical evidence, and an experienced lawyer counters them with vehicle inspections, witness statements, and crash data.
How Long Does an Insurance Company Have to Settle a Claim?
The amount of time an insurance company has to settle a rear-end accident claim will vary depending on the state. In Texas, an insurance company has up to 15 days to accept or deny a claim.
Hire An Experienced Rear-End Accident Attorney
When you get into any car accident, such as rear-end collisions, you must have the right kind of lawyer on your side. The other driver's insurance company will do everything they can to ensure you don't get the settlement you deserve.
We at Sgt. Pike have experience dealing with rear-end accidents. If you have been involved in a rear-end accident, we can help you. We will work diligently to get you the compensation that you deserve. Contact us today for a free consultation.
No fee unless we win.