It is a myth that the rear driver is always responsible for causing a rear-end accident. While this is true in many cases, it is not always your fault if you rear-end someone in Texas. At D. Miller & Associates, PLLC®, one of our personal injury lawyers can help you prove another driver was liable for the damages you sustained in a rear-end accident.
If you were the rear driver in a car accident but do not believe you acted negligently, we may be able to help you prove your case against the liable party and achieve the financial recovery you need to pay your medical bills and cover your lost wages.
What are the Most Common Causes of Rear-End Accidents?
In general, rear drivers do cause the majority of rear-end accidents. Often, they occur because of this motorist:
- Follows too closely;
- Fails to leave enough space to stop when roads are wet or slick;
- Is speeding or driving too fast for conditions;
- Is driving while drunk or drugged;
- Is fatigued, drowsy, or falls asleep; or
- Is distracted, talking on the phone, or texting.
Many police officers who respond to rear-end accidents are quick to assume one of these common causes occurred in your case. They might even assign blame to you, and you could receive a citation. While this makes it somewhat harder to prove our case, we may still be able to show how another driver caused the accident. If so, we can help you pursue financial recovery from them.
How Can the Front Driver Cause This Type of Rear-End Accident?
In general, when the front driver causes a rear-end accident, it is because they carelessly pull in front of quickly approaching traffic. This may occur:
- When pulling out of a driveway or parking lot;
- When turning; or
- When changing lanes.
The reasons behind this vary, but usually boil down to:
- Failure to look;
- Failure to yield;
- Something blocking their line of vision;
- Distracted driving;
- Drunk or drugged driving;
- Problems gauging distance and speed; or
- General carelessness.
The police report can be important in proving this type of case, but they often incorrectly assign liability to the rear vehicle. For this reason, we often focus on identifying and interviewing witnesses to the accident. We also work with accident reconstruction specialists who can help us understand how the accident occurred.
If we can obtain a video of your accident, it often provides us with the best indisputable evidence. For that reason, we will also approach local businesses to see if surveillance cameras caught the accident on tape.
How Can a Car Accident Attorney Help Prove My Case?
When we agree to handle a rear-end accident, we launch an investigation focused on identifying the liable party or parties and proving they acted in a negligent manner. To prove negligence, we need to provide documentation of four things:
- The driver had a responsibility to drive reasonably and keep others on the road safe.
- They pulled out in front of you and put you in danger.
- This action caused you to hit them from behind, despite you following all traffic laws.
- You suffered physical and financial damages because of the accident.
If we can document their negligence, we can hold them liable. This allows us to present proof of your accident-related expenses and losses and demand damages. Depending on the facts of your case, you could receive a financial recovery for:
- Past, current, and future medical bills
- Physical therapy costs
- Lost wages
- Diminished earning capacity
- Vehicle repair or replacement
- Emotional anguish
- Pain and suffering
- And more if you qualify
We Handle Every Part of Your Case
You have dealt with enough by being in a car accident that wasn’t your fault. We want to manage every aspect of your case so you can focus on your health and well-being. We can file your claim for you, contact and interview witnesses, collect all evidence, speak with your doctor and obtain medical records and bills, and defend your rights. You should not have to navigate the claims/legal process on your own.
We can settle most car accident cases out of court by filing a third-party liability insurance claim. This means we negotiate a fair settlement for your damages with the at-fault driver’s insurance company. If the insurer denies the other driver is liable for the accident despite our case against them, we may have to pursue further action.
If necessary, we can file a personal injury lawsuit in civil court. This may prompt a higher settlement offer, or we may need to go to trial. If your case goes to trial, we can appear in court on your behalf and present our evidence to the judge and a jury and ask them to award fair financial recovery.
You Have a Limited Window of Time to Take Legal Action
To ensure you retain your right to file a lawsuit, you must take action before the statute of limitations expires. According to Texas law, you generally have two years after a car accident to hold the liable party responsible.
Two years seems like a long time, but it is best to allow one of our lawyers to get started on your case sooner than later. Important evidence can quickly disappear, witnesses to the accident may be impossible to reach over time, and memories fade. We want the best outcome for you.
Contact Us Today for Legal Advice and Support
The car accident attorneys at D. Miller & Associates, PLLC® can help you understand the strength of your case after a Texas rear-end collision. When you call for your free, no-risk, no-obligation case evaluation, a compassionate team member will inform you of your rights and options.
We understand that the rear driver is not always at fault in these accidents, and we may be able to help you hold another negligent driver liable for your damages. We will do everything we can to get you the justice and recovery you deserve. Call us today at (713) 850-8600 for a free case evaluation.
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