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.
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.
While the severity of the rear-end accident can determine the extent of the injuries sustained, even a minor rear-end collision could have serious ramifications for victims. A minor fender bender could still be enough to jerk the head back and forth, causing a common injury in the neck connected to rear-end collisions: whiplash. Whiplash is a painful injury that could be temporarily disabling. Minor to major rear-end accidents in Dallas can cause many different bodily injuries.
Rear-end accident injuries could lead to medical bills, hospital stays, medications, medical devices, physical pain and discomfort, disability, emotional distress, lost wages, and other damages. In Texas, you have the right to seek compensation for these damages if someone else caused them. If a distracted driver crashed into the back of your vehicle, for example, that driver may owe you money. The lawyers at The Law Firm of Aaron A. Herbert accept cases based on all types of personal injuries, as well as wrongful death claims in Dallas.
A civil claim in Texas after a rear-end collision could repay you and your family for the financial losses you incurred due to the collision, including money to repair your vehicle and the price of hospital and therapy bills. It could also reimburse you for noneconomic losses, or the way the rear-end accident impacted you physically, emotionally and mentally. If the at-fault driver is guilty of recklessness, such as driving drunk, you may also receive punitive damages.
Each car accident case is so unique that it will be inaccurate for you to look at average settlement amounts found online. The only way to obtain an accurate portrayal of what your Dallas rear-end accident could be worth is by consulting an attorney. A car accident lawyer can look at your specific damages, calculate your losses and estimate your case’s value. In general, serious injuries sustained in rear-end collisions will be eligible for greater compensation than minor injuries. Since insurance companies and the courts award amounts based on your economic and noneconomic losses, the greater these are, the more your case will most likely be worth.
Many factors can help you determine whether a lawsuit is the right move for you after a rear-end accident in Dallas. The severity of your injury is a main factor. If the injury from your rear-end collision will cost you a lot in medical bills, take you out of work or affect you for the foreseeable future, it may be worth the time and effort to bring a lawsuit against the at-fault party. A lawsuit could be the best way to obtain the compensation you need for financial stability while dealing with a serious bodily injury.
Most rear-end accident claims do not require lawsuits. They successfully resolve during insurance settlements instead. Sometimes, however, an insurance company makes it difficult for a crash victim to obtain fair compensation. In these situations, a lawsuit might be the only outlet for reasonable recovery. It could be appropriate to file a lawsuit if an insurance company is not treating your claim the way you believe it should. If you think your injuries and damages are worth more than what the insurer is offering, discuss the possibility of a lawsuit with our attorneys.
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.
A Dallas personal injury 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.