Rear-end collisions typically occur when a vehicle is rammed into by another car from the back. Although most of these crashes are not fatal, they have the potential to cause serious injuries. They can be particularly catastrophic if they involve commercial trucks.
If you have been a victim in a rear-end crash, someone was likely reckless or negligent in their behavior. An experienced car accident attorney may help you determine who was at fault. Liability is one area our Harlingen rear-end collision lawyers are specialized in. We will handle your claim from investigations, negotiations and proceed to trial if need be.
Often, many people assume that the rear driver is always to blame for rear-end collisions, but that is far from the truth. The reality is that each case is based on the circumstances under which the accident happens, and since no two cases are the same, you need an attorney to review the facts of your accident.
When establishing liability in an auto wreck, several factors come to play. They are:
Under Texas laws, the question of who was negligent or reckless must be answered. Our Harlingen rear-end collision lawyers understand the answer to this question is often not straightforward and thus requires in-depth analysis. But from the factors above, any of the following parties may be found liable:
Each party that gets behind the wheels on Texas roads has a legal duty of care to maintain their safety and other road users. This means they must always follow state and federal traffic rules. Negligent behavior such as speeding, aggressive driving, drunk driving, or unsafe lane changes resulting in a rear-end crash makes them likely to blame.
Unsafe road designs and poor signage may also be to blame for the rising cases of rear-end crashes in Harlingen. For example, there ought to be visible warning signs when approaching an intersection or clear speed limits or highways. Failure to do so may cause driver confusion, with each assuming they have the right of way. In the end, a rear-end crash may occur.
Like any other player in the transport industry, vehicle manufacturers have a crucial role in guaranteeing their products’ safety. If a defective vehicle part such as the steering systems or tires results in a rear-end collision, they may be held accountable for the losses that follow.
In some scenarios, the driver may be trying to hit debris, pedestrians or property, when they lose control and ram into other vehicles. Such situations are complex to handle, especially when the driver was avoiding causing an accident. For example, suppose a distracted pedestrian was texting or using their cell phone while crossing a highway, and a driver swerved to avoid hitting them. In that case, an experienced attorney may establish liability on their part.
Texas is a shared fault state. This means that the jury presiding over your injury case will review the facts of your accident and assign fault based on the degree of responsibility. More than one person could be found liable, including yourself. The question will be whether the actions of each party approximately contributed to the accident. And from the names submitted, liability will be apportioned as a percentage to each party if more than one person is found at fault.
If your percentage of liability exceeds 50%, you won’t recover any compensation regardless of the injuries suffered. To successfully collect damages, your degree of the fault must be 49% or below. This way, the other party assumes more considerable responsibility for your injuries and losses, while your margin lowers the amount you receive. For example, if you are 30% at fault, and the jury awards you $20,000, you would only get $14,000 due to shared fault. Understanding how comparative negligence laws work requires an experienced Harlingen rear-end collision attorney, and you should discuss this during initial consultations.
If you have been a victim of negligence in a head-on collision in Texas, you are not alone. Our Harlingen head-on collision lawyers are here to fight for your rights, because you may be entitled to monetary compensation. Call us today to have our representative schedule a one-on-one case review with our attorneys.