Hundreds of thousands of car accidents occur in Texas each year – and a large portion of them are rear-end accidents. When it comes to liability in a rear-end collision, the rear driver is usually at fault. However, they may claim that your vehicle stopped suddenly, you unexpectedly switched lanes, or a mechanical failure prevented them from braking.
Were you injured in a Texas rear-end accident? The car accident lawyers at The Wilhite Law Firm can investigate your case and pursue compensation from the person responsible for your injuries. Contact our Texas rear-end accident lawyers today for a free legal case review.
What Are Common Reasons for Rear-End Collisions?
Rear-end collisions are among Texas’s most common types of motor vehicle accidents. Causes of rear-end accidents include:
- Driver distraction – Drivers distracted by their phones, radio, or other sources are more likely to rear-end other vehicles.
- Tailgating – Tailgating is when a driver follows another vehicle too closely and does not have enough time to stop if the car in front of them stops abruptly.
- Speeding – High speeds make it difficult for drivers to control their vehicles and stop in time to avoid rear-end collisions.
- Bad weather conditions – Low visibility, wet roads, and icy surfaces may leave a driver unable to stop quickly enough to avoid rear-ending another vehicle.
- Poor road design – Inadequate signage, pavement markings, and lighting can all contribute to rear-end collisions.
- Drunk driving – Intoxicated drivers often cannot properly react to road conditions or traffic changes, increasing the risk of a rear-end accident.
What Are the Most Frequent Injuries from a Rear-End Accident?
While rear-end accidents may seem minor, they often cause significant injuries to those involved. Depending on the speed and size of the vehicles, a significant impact can lead to severe and long-term injuries. Common injuries in rear-end collisions include:
- Whiplash – Whiplash is one of the most common injuries that occur in a rear-end crash. It happens when the neck is suddenly and forcibly snapped backward and forward, resulting in severe pain and stiffness.
- Back and neck injuries – Soft tissue injuries to the back and neck range from mild discomfort to more severe pain, depending on the severity of the crash.
- Broken bones – Severe rear-end collisions may cause fractures to the ribs, legs, arms, or other bones.
- Traumatic brain injury (TBI) – A TBI is a serious head injury that can have long-lasting consequences. Symptoms of a TBI can include difficulty thinking, dizziness, confusion, headaches, and memory problems.
- Spinal cord damage – Spinal cord damage may result from a sudden impact to the spine during a rear-end collision. Injuries to the spinal cord could result in loss of feeling or movement in different parts of the body.
- Internal organ damage – Internal organ damage can occur due to blunt force trauma from a rear-end collision. These types of injuries can also cause internal bleeding.
No matter how minor an accident injury may seem, you should seek medical attention as soon as possible after a collision. Injuries can worsen over time, so it is essential to see a doctor after a car accident.
Can the Lead Driver Be At Fault in a Rear-End Crash?
Many people assume the driver in the back of a rear-end accident is always at fault. But depending on the circumstances of the crash, the lead driver may also have some responsibility. Here are some situations where the lead driver might be at fault:
- Failing to use a signal when turning or changing lanes
- Negligently driving in a way that requires the rear driver to slow down or stop unexpectedly
- Driving while distracted by texting, talking on the phone, or other distracting activities
- Not having headlights and taillights on, resulting in lower visibility at night
- Driving under the influence of drugs or alcohol
Can I Recover Compensation for a Rear-End Crash?
After a rear-end accident, you could be entitled to seek compensation for your injuries. Types of financial recovery available in an injury claim include:
- Any medical expenses related to the injury, hospitalization, rehabilitation, physical therapy, or prescription drugs
- Lost wages for missed work and reduced future income
- Physical pain, emotional distress, and mental anguish caused by the accident
- Cost of repairing or replacing your damaged property
What If I Am Partly Responsible for the Accident?
Texas uses a modified comparative fault doctrine when determining liability for a car accident. Under this doctrine, a person who is more than 50 percent responsible for an accident will not receive a monetary award from the court. If they are awarded compensation, the amount they receive can be reduced by the percentage of fault assigned to them. For example, if you are 25 percent responsible for an accident and the total damages awarded are $100,000, you may only receive up to $75,000 in compensation.
Is There a Deadline for Filing an Accident Lawsuit in Texas?
In Texas, an injured accident victim has two years from the accident date to file an injury lawsuit against the responsible party. If the plaintiff files a lawsuit outside this time frame, the courts are likely to dismiss it. Speak with a qualified Texas car accident attorney after a rear-end crash to ensure you file any potential lawsuits before the statute of limitations runs out.
Contact a Texas Car Accident Lawyer
After suffering injuries in a Texas rear-end car accident caused by another driver, you have the right to pursue compensation for your losses. At The Wilhite Law Firm, our dedicated lawyers fiercely protect the rights of accident victims and fight for the compensation they deserve. We understand the challenges and hardships that can come with a car accident. We have decades of experience representing rear-end collision victims and want to put that experience to work for you. Contact us today for a free consultation with a Texas car accident attorney.
