Rear-ending car accidents can range from very minor to serious. Even a small fender bender can cause whiplash and lead to chronic pain and an extended recovery period, leaving a victim with medical bills, time out of work, loss of future income, and other financially, emotionally, and physically difficult consequences.
In Texas, the driver who rear-ends another vehicle may not be held liable for the accident. Our state follows a modified comparative fault rule, even in rear-ending accidents. At the end of an investigation anyone who is 50% or more at fault for causing an accident cannot claim damages in a civil lawsuit. Most of the time, the person doing the rear-ending is responsible, but extenuating circumstances may change the outcome of some cases.
If you were injured in a rear-end accident caused by another driver, you may be eligible to seek compensation against the responsible driver. A person who causes an accident because of negligent behaviors like speeding, following too closely, or texting is acting negligently. Proving that negligence caused an accident is often the deciding factor in a rear-ending case.
Why You Need Experienced Counsel After a Rear-Ending Accident
There are several ways that seemingly straightforward rear-ending claims can go awry. If the other driver tells his or her insurance representative another story, the company may deny your claim, leaving you with the bills from the accident. If a driver claims that an accident was caused by a sudden emergency or was unavoidable, it may be difficult to secure compensation. These scenarios can play out well before you decide to file a personal injury claim. Insurance adjustors can be difficult to negotiate with under the best circumstances.
If you are dealing with an accident injury, the last thing you need is to have your claim denied or to receive an unfair settlement offer. Avoid talking with insurance representatives or accepting a settlement offer until you have spoken with a personal injury specialist. An experienced personal injury attorney can help you talk to insurance adjustors so that you are not taken advantage of in the aftermath of an accident.
At The Law Firm of Aaron A. Herbert, our goal is to help clients in any way we can. We believe in a personalized approach to cases and that doing right by our clients will lead to success. Aaron Herbert has years of experience skillfully resolving personal injury claims in vehicle accidents. Our team’s deep understanding of the local laws in Dallas and state laws help us approach each case with a fresh perspective and expertise.
What to Do After a Rear-Ending Accident
Even if you believe that your case is straightforward, you may face difficulties. Once you have exchanged insurance information with the other driver(s) involved and contacted your own insurance company, avoid admitting blame, providing accident details, or talking about the extent of your injuries. The company can use your written statement against you later on. Remain polite, and remind the representative that the investigation is pending, and you will discuss the accident at the appropriate time.
An attorney can help you navigate the complex world of auto insurance and evaluate any settlement offers. Every case is slightly different, and some can be handled successfully outside of court, while others need to be taken to trial.
Protect your rights as an injured party in a rear ending vehicle accident case by hiring an attorney that you can trust to put your best interests first. The attorneys at The Law Firm of Aaron A. Herbert are ready to help you secure the compensation you deserve to start the healing process, getting you back to your life quickly. Reach out to us today for a free case evaluation.