Every year in the United States, more than 1.7 million rear-end car accidents take place and the state of Texas is not exempted from this type of collision. If you have been rear-ended, you may have wondered who is at fault. Most individuals believe the driver who runs in the back of another vehicle is to be blamed. However, this is not automatically the case as the vehicle in front is sometimes responsible for the collision.
If you were involved in a rear-end accident and you do not believe it happened because of negligence on your part, you should definitely contact our legal team at Burkett Law Firm. We have highly qualified attorneys with years of experience representing victims of rear-end car accidents in Texas.
Common Categories of Rear-End Accidents
Typically, the rear driver is viewed as being at fault in this type of accident. In the first place, these accidents commonly happen because of the reasons outlined below:
• Distracted driving (talking on the phone, texting, etc.)
• Following too closely behind another vehicle
• Fatigued, drowsy or falls asleep
• Failure to leave adequate spacing between vehicles when the roads are wet or slick
• Driving under the influence of drugs or alcohol
• Driving at a rate of speed too fast for the road conditions
Law enforcement officers responding to rear-end car accidents in Texas often assume automatically that one of the common causes occurred. Sometimes they blame the rear driver automatically and issue a citation. If you rear-ended a vehicle, you could be wondering if there are options to prove you are not at fault. Texas utilizes modified comparative fault and this indicates that in this type of accident, one driver or the two drivers involved can be held liable.
Modified Comparative Fault
Modified comparative fault is also referred to as proportionate fault and this means that each driver is assigned a percentage of accountability for his or her role in the accident. Depending on where a collision happens, mitigating factors may exist that caused the collision. For instance, did the front vehicle have working brake lights? Were turn signals used? Did the front vehicle stop in a flow of traffic or slam on the brakes suddenly?
It must be determined whether the negligence of the driver was a proximate cause of the collision. This indicates that the accident was legally foreseeable. Additionally, if the degree of fault for the leading car is more than 50 per cent, he or she will not recover damages during a settlement lawsuit.
Deciding on Rear-End Collision Fault
Typically, with traffic laws, drivers must leave adequate space between their car and the vehicle ahead of them. This ensures enough room for the vehicle behind to safely stop if unforeseen action is taken by the leading car.
However, there are circumstances in which, even when travelling at a safe distance, the rear vehicle could not stop before colliding with the car ahead. In these cases, you should get an attorney to assist in figuring things out. The professional will look at the facts to help prove fault; this is done by collecting evidence like vehicle damage and police report information.
Assistance From an Attorney
Our team will help by starting with an investigation to determine who acted negligently and was responsible for the accident.
In these cases, it can be challenging to prove negligence. However, our team will compile documentation to prove:
• The driver was responsible for keeping other road users safe
• A negligent act by the driver put you in danger
• The accident caused physical and financial damages
• The action caused the accident
With documented, the at-fault party can be held liable. An accident-related proof will be presented by our team to demand damages, which include all expenses and losses. The facts of your case will play a huge role in the outcome; however, compensation may be obtained for the following:
• Medical bills
• Pain and suffering
• Vehicle repairs or replacement
• Physical therapy costs
• Lost wages
• Other accident-related costs
Our team will file a third-party liability claim and work to settle nearly all cases of rear-end accidents out of court. Our goal is to assist in ensuring you get fair compensation for the damages experienced.
Assistance With Rear-End Collision Case
If you need assistance with your rear-end collision case, contact our legal team at Burkett Law Firm. Call (361) 223-6862 to set up a free consultation. Our team members will assist you in getting the deserved compensation.