As the fourth largest city in the U.S, Houston’s roads are teeming with everyone from motorists to bikers to pedestrians. Driving through the streets and highways is usually hectic. Records from the Texas Department of Transportation indicate that at least 1,392 people are injured every year in traffic accidents, 30% of which stem from rear-end collisions. With the city’s rapid growth in recent years, traffic accidents have been on an upward trajectory.
As a resident of Houston, you have a high chance of being involved in an auto wreck. Among the most common accidents that occur are rear-end collisions. These happen when a motorist rams the vehicle in front while traveling in the same direction. These accidents are not only frequent on busy roads and highways, but also in areas such as parking lots and intersections.
If you are involved in a crash of this kind, negligence from another party probably played a role. Tailgating, impatient drivers, and distractions like cell phones all contribute to rear-end crashes. An experienced Houston car accident lawyer can help you understand what your legal options are. Working with a Houston rear-end collision lawyer is the best way to ensure that nothing is left to chance when investigating the scope of your accident.
Determining Fault in Rear-End Collisions
Among the most common questions that our auto wreck attorneys get from drivers and passengers involved in rear-end collisions is “who is at fault?” Usually, the rear driver is assumed to bear liability, but that is not always true. The question of fault in any type of car accident requires detailed investigations of the parties involved and the circumstances of the crash.
Although fault in some cases may be straightforward, extensive evidence collection and accident reconstruction may be necessary in others. Retaining a knowledgeable attorney can help an injured person prove liability via the following four points:
- The other driver owed them a legal duty of care
- The other driver breached the duty by behaving carelessly
- The breach was the proximate cause of injuries
- The injured person suffered damages
Numerous parties may be at fault. For example, liability may be established on the rear driver for careless driving, construction companies for poor road designs, manufacturing companies for faulty vehicle systems, and state agencies for improper road conditions.
Applying the elements of negligence in a car accident case is no walk in the park. Insurance companies seek to lower or deny claims, so enlist the help of an aggressive Houston rear-end collision attorney.
Understanding Comparative Negligence
In some common scenarios, both drivers in a rear-end collision share liability. To prove this, Houston rear-end collision attorneys apply the concept of comparative negligence. This requires fault to be distributed to all persons or parties involved in a crash based on their contribution. For instance, if the rear driver was using their cell phone while driving and rammed a vehicle whose driver was equally distracted, therefore creating unsafe conditions, both of them will ultimately carry fault.
The variation, however, will be on the degree carried by each. Injured people may still be eligible for compensation as long as their degree of fault falls below 49%. As a comparative negligence state, Texas allows personal injury victims to pursue compensation for injuries and losses arising from an accident they were also responsible for. That said, they must work closely with an established car accident attorney who understands how these laws work. The success of a claim hinges on how well issues are articulated during negotiations with insurance companies or trials.
Discuss Your Case With a Houston Rear-End Collision Attorney Today
Litigating personal injury claims or wrongful death lawsuits resulting from rear-end collisions may seem simple, but a lot of work goes into investigating faults, collecting relevant evidence, and filing your claim. Without any legal background, doing this on your own can be self-sabotage.
Never gamble with your rightful compensation. A proficient Houston rear-end collision lawyer is ready to represent you. Contact us at Lone Star Injury Attorneys today to learn more.
Call or text (832) 346-9585 or complete a Free Case Evaluation form
