Rear-End Collision Lawyer in Mesquite
Protecting the Rights of Injured Clients
The NHTSA (National Highway Safety Administration) reports that rear-end collisions account for as much as 23% of all motor vehicle accidents, causing over 950,000 injuries and approximately 2,000 deaths every year. This type of accident can result in catastrophic injuries, but what is truly concerning is that many of these accidents could likely have been avoided if the at-fault driver did not act in a negligent manner. The attorneys at the Oberg Law Office go over rear-end collisions in Texas and explain what you can do to recover compensation if you were injured by a negligent driver.
What Causes Most Rear-End Collisions in Texas?
Rear-end collisions can be caused by a variety of factors, ranging from poor weather conditions and mechanical failures to driver error. Unfortunately, most rear-end crashes are caused by human error – distracted driving, texting while driving, speeding, brake-checking, and tailgating are just some of the behaviors that often lead to a rear-end collision.
Bad weather, such as dense fog or heavy rains, can make the roads more slippery and cause reduced visibility, making it harder to see the vehicle traveling in front of you. Mechanical failures such as faulty brakes or broken brake lights may make it harder to stop a vehicle in time to avoid a rear-end accident.
Rear-end collisions caused by negligent behaviors are very common. Drivers who engage in texting and driving or other forms of distracted driving may not notice that the vehicle in front of them has slowed down or stopped. Likewise, if a vehicle is traveling above the speed limit, the driver of that vehicle may not have enough time or distance to come to a stop. The opposite is also true – when following a slow-moving vehicle, some drivers are tempted to tailgate or closely follow the vehicle in front of them in an attempt to pressure that driver to move faster. That leaves the rear driver with much less time and distance to apply the brakes if the car in front suddenly stops. In some cases, drivers of slow-moving vehicles may “brake-check” a vehicle that is tailgating them by slamming on their brakes in order to get the trailing vehicle to stop tailgating them – which could also lead to dangerous accidents.
Is the Driver Who Rear-Ends Another Vehicle Always at Fault?
Each rear-end collision accident is unique, and while most of them are usually caused by the driver of the car that collides with the back of the vehicle in front of them, not every rear-end collision plays out in this manner. If you rear-ended another vehicle because you were talking or texting on your cellphone and failed to notice the car in front of you had stopped, for example, you may likely be held liable for any injuries or damages resulting from the auto accident.
However, suppose you were involved in an accident involving multiple vehicles in which a cargo van rear-ended your car while it was stopped in a traffic jam. The impact was significant and caused your car to rear-end an SUV in front of you. In this case, the driver of the van would likely be responsible for your damages as well as for the damages suffered by the front driver in the SUV.
Another possible scenario is when the driver of the car in front of you decides to brake-check you because they feel you are following them too closely. They suddenly hit their brakes as if they were going to stop, which causes your vehicle to collide with the back of their vehicle. In this case, what could happen is both you and the driver in front of you may share liability for the rear-end car accident, as it may be determined that you were following too closely or “tailgating,” and while the other driver should not have come to a sudden stop on purpose, your vehicle may have been able to stop if you had maintained a safe distance. If you are unsure about how liability may be assigned to the parties in your case, contact a personal injury attorney for a case analysis.
How Much Time Do I Have to File a Claim for a Rear-End Collision?
Personal injury cases such as rear-end collisions are subject to a statute of limitations, which affects how long a claimant may have to take legal action and seek compensation for damages. A statute of limitations is a legal deadline for filing a claim – if you miss that deadline, you may be unable to recover damages for your injuries, medical expenses, lost wages, pain and suffering, property damage, and other economic losses resulting from a rear-end collision.
In Texas, the statute of limitation for rear-end car accidents is two years, counting from the date when the accident took place. In other words, once the crash occurs, you should file a claim or initiate a personal injury lawsuit as soon as possible because the clock starts ticking immediately after the crash. It may be a good idea to seek the help of a rear-end collision attorney as soon as possible in order to maximize your chances of receiving fair compensation without allowing the statute of limitations to expire on your claim.
What Should I Do if My Insurance Claim Is Denied?
If you were hurt in a rear-end crash, it is important to know that many insurance companies will routinely delay or deny your claim or try everything they can to close out your claim while paying you as little as possible. If your claim was denied or the insurance company is acting in bad faith, reach out to the attorneys at the Oberg Law Office. Our attorneys have helped several clients who were victims of rear-end collisions in Mesquite and across Texas, and we are ready to fight for your rights and secure a fair settlement on your behalf. Call 972-672-9700 for the legal help you need.