Rear-end collisions can have a devastating impact on all parties involved. They can claim lives, cause severe and life-changing injuries, and result in significant property damage. Even once the accident victims start to get their lives back on track, they must also navigate the legal system, try to prove fault, and maximize their damages. If you’ve found yourself in this very position, the following information may be of assistance. Common Causes of Rear-End Collisions Rear-end collisions account for approximately 23% of all car accidents in the United States, resulting in hundreds of thousands of injuries and thousands of deaths. Among the most common causes are distracted driving, such as texting or eating, following too closely, speeding, and performing sudden stops. Weather and road conditions, as well as brake failure or mechanical issues, are also known to contribute. In rear-end collisions, it’s generally assumed that the driver who hits from behind is the one at fault. However, the rear driver can challenge this presumption with evidence. How to Prove Fault in a Rear-End Collision Even with the presumption that the rear driver is at fault, you must be able to prove it. This becomes especially important if the rear driver disputes liability. Many factors can assist in establishing who’s at fault in a car accident, including: A police report: As soon as you’re involved in a rear-end collision, call the police without delay. They can document the scene and assess the situation to determine who they believe is at fault. Video footage: Where possible, access dashcam footage or camera footage from other drivers who witnessed the accident, as well as nearby businesses and homes. Camera footage can capture the events leading up to the crash, as well as the collision itself. Eyewitness testimony: If you’re trying to prove a particular point, such as aggressive driving or a specific distraction, eyewitness testimonies can be valuable. Photos: Take photos of the vehicle damage and the scene of the accident. These photos can sometimes reveal how an accident occurred. Cellphone records: If distraction by a mobile device was believed to be the cause of the crash, cellphone records may provide proof. When proving fault in a rear-end collision, be ready to face possible defenses by a rear driver, which can include: The leading car suddenly stopped without reason The brake lights of the leading vehicle weren’t working The leading vehicle reversed into the rear vehicle The rear vehicle experienced mechanical failure Understanding Comparative Negligence in a Rear-End Collision Texas follows a modified comparative fault rule. This means that the extent of your fault plays a contributing role in determining your potential compensation. If you’re over 50% responsible for your rear-end collision, you can’t recover damages. If you’re 50% or less responsible for your accident, your compensation is reduced by your percentage of fault. For example, if damages total $10,000 in your accident and you were 20% at fault, you can recover $8,000. How to Maximize Damages in a Rear-End Collision You deserve to be adequately compensated for a rear-end collision that wasn’t your fault. Rest assured, when you hire a reputable lawyer with experience in car accident claims, they will fight for your right to the compensation you deserve. There are three main damages your lawyer may try to help you claim: Economic damages – past and future medical expenses, lost wages, rehab costs, and property damage Non-economic damages – pain and suffering, loss of enjoyment of life, disfigurement/disability, and emotional distress Punitive damages – while only sometimes awarded, you may receive punitive damages for intentional misconduct or gross negligence, such as a DUI You may stand the best chance of maximizing compensation for your accident, be it economic, non-economic, punitive, or a combination, by taking these steps: Seek medical attention after an accident so there’s a record of your accident injuries Follow the treatment plans and instructions provided by your doctor Document all the expenses you’ve incurred as a result of your accident, as well as the impact it has had on your everyday life Be careful on social media – refrain from posting anything that may look like you’re downplaying your injuries Hire an experienced personal injury lawyer in your area Seek Help for Your Rear End Collision from Parks Law Firm in Texas You deserve to receive compensation for a rear-end collision in Texas that had a devastating impact on your life. If you need help navigating the legal system to prove fault and maximize your compensation, contact Parks Law Firm in Texas for a free, no-obligation consultation today. Our experienced lawyers provide knowledgeable and skilled advocacy in every case. Best of all, we don’t charge upfront fees. We get paid when we win for you. Reach out to our team today to learn more. Share article:
