Each year there are more than 1.7 million rear-end car accidents in the U.S. Unfortunately, the great state of Texas isn’t immune to these types of collisions.
If you find yourself in a situation where you have been rear-ended, you may wonder – who’s to blame? Some people assume the person who hit you from behind is at fault; however, this isn’t always the case. Sometimes, the vehicle in front is to blame.
When involved in a rear-end collision, and you don’t believe you were negligent in any way, one of the best things you can do is to contact our legal team. At Burkett Law Firm, we have years of experience representing rear-end accident victims.
In most situations, the rear driver is considered at fault for a rear-end accident. Some of the most common reasons these accidents occur, in the first place, include:
Sometimes, when law enforcement officers respond to a rear-end accident, they automatically assume that one of these common issues occurred. They may even automatically blame the rear driver, which is when a citation would be issued. If you are the driver in the rear, you may wonder if you have options for proving that you were not at fault.
After all, Texas uses modified comparative fault, which means one or both drivers can be held liable for the accident.
Also called proportionate fault, modified comparative fault means that each person is given a percentage of responsibility for their role in the accident.
Based on where an accident occurs, there may be mitigating factors that caused the rear-end accident. For example, were the brake lights on the front vehicle working? Did the vehicle in front suddenly slam on brakes or stop in the flow of traffic? Were turn signals used?
The question that must be answered is – was the driver’s negligence considered a proximate cause of the rear-end accident? This means the accident was legally foreseeable.
Also, if the leading car’s degree of fault is over 50%, they cannot recover damages during a settlement lawsuit.
With most traffic laws, the generally accepted rule is that drivers must leave sufficient space between their vehicle and the vehicle directly in front of them. This ensures there is room for the rear car to stop safely if the leading car takes an unforeseen action.
While this is true, there are situations where even if the rear vehicle was traveling at a safe distance, they could not stop before hitting the lead car. With these cases, you need an attorney to help you figure out what happened. They will collect evidence and look at the facts of the case, like damage to the vehicles and information in the police report, to help prove fault.
When you hire our team to help with your rear-end accident situation, we will start with an investigation. This is done to determine who was liable for the accident and how they acted negligently.
Proving negligence can be challenging in these cases. While this is true, our team will gather and acquire documentation for:
Once the negligence has been documented, it is possible to hold the at-fault party liable. Our team will present accident-related proof, including all losses and expenses to demand damages. While it all depends on the facts of your case, you may be able to receive compensation for the following:
Our team can settle most rear-end accident cases out of court. This is done by filing a third-party liability insurance claim. Our goal is always to help ensure you receive a fair amount of compensation for the damages you experienced. We will fight for you and help you get the compensation deserved if you were injured in a rear-end accident due to someone else’s negligence.
Do you need help with your rear-end accident case? If so, reach out to our team today at Burkett Law Firm. You can contact us and schedule a free consultation by calling (361) 223-6862. Our team is here to help you get the compensation you deserve.