Call for a Free Consultation 361-882-8822
English   Spanish
The Burkett Law Firm Blog

Understanding Your Rights After a Rear-End Car Accident

Understanding Your Rights After a Rear-End Car Accident

Rear-end car accidents are one of the most common types of vehicular collisions and can leave victims dealing with significant injuries, property damage, and a maze of legal complexities. If you’ve been involved in an accident, understanding your rights is crucial to ensuring you receive the compensation and justice you deserve.

You can learn more about your rights after a rear-end car accident here. You can also learn how our car accident lawyers in Corpus Christi can help you seek justice and compensation.

Common Causes of Rear-End Car Accidents

Rear-end car accidents occur frequently and can happen for a multitude of reasons. Understanding these causes can help you stay vigilant on the road and be better prepared to assert your rights if an accident does occur.

Distracted Driving

One of the leading causes of rear-end collisions is distracted driving. Distractions take the driver’s attention away from the road, whether texting, talking on the phone, eating, or fiddling with the car’s control systems. Even a momentary lapse can result in an accident, especially in congested traffic conditions.

Speeding

Driving at high speeds reduces the time a driver has to react to sudden stops by the vehicle in front. Speeding amplifies the severity of impact, often leading to more significant injuries and vehicle damage. A Texas injury attorney can help assess how speeding contributed to your accident and pursue appropriate compensation for your injuries.

Tailgating

Following too closely or tailgating is another common cause of rear-end car accidents. When a driver does not maintain a safe distance from the vehicle in front, they may be unable to stop in time to prevent a collision if the lead car brakes suddenly. This reckless behavior is often cited in accident reports and can significantly influence liability determinations.

Weather Conditions

Adverse weather conditions such as rain, fog, or ice can make roads slippery and reduce visibility, increasing the risk of rear-end accidents. Drivers must adjust their speed and maintain greater distances between vehicles to account for these hazardous conditions. Failure to do so can be considered negligence, strengthening your case when seeking help from a car accident lawyer in Corpus Christi.

Mechanical Failures

Defective brakes, tires, or other critical vehicle components can lead to rear-end collisions. Regular vehicle maintenance is essential to prevent these accidents, but sometimes, mechanical failures occur despite the driver’s best efforts. In such cases, an experienced Texas injury attorney can help determine whether a third party, such as a manufacturer or mechanic, is liable for the accident.

Sudden Stops

Sudden stops can catch even the most attentive drivers off guard, leading to rear-end collisions. These stops may be unavoidable due to traffic jams, pedestrian crossing, or animals running onto the road. Understanding the context of a sudden stop is crucial when evaluating the circumstances of the accident.

Immediate Steps to Take After a Rear-End Collision

Being involved in a rear-end collision can be a shocking and stressful experience. Taking the right steps immediately after the accident can help protect your legal rights and ensure you receive medical and legal assistance.

As a leading car accident lawyer in Corpus Christi, Burkett Law Firm recommends the following immediate actions to safeguard your interests.

Check for Injuries

Your priority should be to check yourself and others for injuries. If anyone is hurt, call emergency services right away. Even if injuries seem minor, seeking medical attention is crucial, as some injuries may not be immediately apparent.

Move to Safety

If possible and safe, move your vehicle to the side of the road to prevent further accidents. Turn on your hazard lights to alert other drivers of the incident. Staying in the middle of traffic can increase the risk of additional collisions and injuries.

Call the Police

Contact law enforcement to report the accident. A police report is a vital piece of evidence that can support your claim when seeking compensation. The responding officers will document the scene, gather witness statements, and file an official report, which will be useful to your Texas injury attorney.

Exchange Information

Collect and exchange information with the other driver involved in the collision. This includes names, addresses, phone numbers, insurance details, and license plate numbers. This information is essential for your car accident lawyer in Corpus Christi to build a strong case on your behalf.

Document the Scene

Take photos and videos of the accident scene, including vehicle damage, road conditions, traffic signs, and visible injuries. This documentation can provide crucial evidence to support your claim and help Burkett Law Firm’s experienced Texas injury attorneys determine liability.

Gather Witnesses

Collect their contact information and statements if there are witnesses to the accident. Witnesses can offer independent accounts of what happened, which can be invaluable for your case. A Texas injury attorney can help utilize witness testimonies to strengthen your claim.

Notify Your Insurance Company

Report the accident to your insurance company as soon as possible. Provide them with accurate information about the incident, but avoid signing any documents or accepting settlements before consulting with your car accident lawyer in Corpus Christi.

Seek Legal Advice

Consult with an experienced Texas injury attorney to understand your rights and options. Burkett Law Firm can help you navigate the legal complexities of your case, negotiate with insurance companies, and pursue the compensation you deserve.

Understanding Liability in Rear-End Accidents

Determining liability in rear-end accidents is crucial for securing compensation and legal recourse. Liability typically falls on the driver who rear-ended the other vehicle, but there are exceptions that our skilled car accident lawyers in Corpus Christi can help you navigate.

Presumption of Fault

In most cases, the driver who hits the vehicle in front is presumed to be at fault. This is based on the principle that drivers should maintain a safe following distance to avoid collisions. However, this presumption can be challenged under certain circumstances.

Contributory Negligence

Sometimes, the driver in front may share some responsibility for the accident. Factors such as defective brake lights, sudden and unexplained stops, or erratic driving can contribute to the rear-end collision.

Texas adheres to the comparative negligence rule, meaning fault can be divided among multiple parties. An experienced Texas injury attorney can evaluate the specifics of your case to determine if contributory negligence applies.

Mechanical Malfunctions

Mechanical issues like brake failure or tire blowouts may also affect liability. If a vehicle component malfunctions due to poor maintenance or manufacturing defects, the liability might extend to a third party, such as a mechanic or the vehicle manufacturer.

Gathering evidence and expert testimony is essential in these cases, and Burkett Law Firm’s car accident lawyers in Corpus Christi are equipped to handle such complexities.

Multi-Vehicle Collisions

In chain-reaction incidents involving multiple vehicles, determining liability can become more complicated. The driver who caused the initial impact may be responsible for all subsequent damages. However, each driver’s actions leading to the accident will be scrutinized to assign appropriate fault percentages.

Navigating the Legal Process After Rear-End Accidents

Incidents like car accidents can cause stress, confusion, and a whirlwind of legal issues that demand immediate attention. Understanding the steps to take immediately following a collision can significantly enhance your position when filing for compensation.

Equally important is a comprehensive grasp of liability principles, especially in rear-end collisions where fault determination can be multifaceted.

At Burkett Law Firm, our experienced rear-end car accident lawyers in Corpus Christi are committed to aiding you through each phase, from initial evidence gathering to complex liability assessments. Reach out to us for help with your rear-end car accident case.

Facebook
Twitter
LinkedIn

Related Blogs

What Is a Contingency Fee?

What Is a Contingency Fee?

Dealing with the aftermath of a personal injury can be overwhelming, from medical bills to lost wages. Legal fees should