Fort Worth, TX sees thousands of serious car accidents every year. Rear-end accidents, especially, can cause significant injuries, since the victims are usually caught off guard, giving them no time to react or brace for impact. The physical damage in these wrecks can change your life, and your medical bills can add up quickly. If you ever find yourself in this difficult situation, it’s essential to have an experienced rear end accident lawyer working for you.
Do not delay in seeking legal help after a negligent driver injures you in a rear end accident. At Anderson Injury Lawyers, our Fort Worth car accident lawyers have a track record of success, and we know what it takes to fight and win for rear-end, accident victims.
Rear End Accidents In Fort Worth
Rear end collisions can happen anywhere, for any number of reasons. Here at Anderson Injury Lawyers, we’ve represented hundreds of clients who’ve been rear-ended due to the careless and often reckless actions of others. A rear end collision car accident can stem from many factors. Sometimes the source is obvious, and sometimes the victims leave the scene uncertain about what happened. Your rear end car accident attorney must know how to investigate and determine the cause of your accident. If this does not happen, you may not be able to recover all of the compensation you deserve.
Neck fusion client wins $1,500,000 Settlement
Who's At-Fault in a Rear End Car Accident in Texas?
All drivers have something called a legal duty of care, which means drivers have to follow the law, keep their car working properly and avoid driving recklessly.
When a driver fails this and causes an accident, they’re usually the one at fault. In rear-end collisions, the at-fault driver might have been following the car in front of them too closely, not paying attention to the road, or speeding and unable to apply their brakes. These are all negligent actions and would make the rear-end driver at fault.
Is the Driver Who Rear-Ended Another Car Always At-Fault in Texas?
There's a common belief that if you rear-end someone in Texas, you're at fault for the wreck. However, juries don't make this same assumption. A jury may find that the front vehicle was at fault, they may distribute fault between the two drivers, or they could even decide that the accident wasn't the fault of either driver.
Some people are surprised to learn that multiple drivers - including the victim - can be found negligent in an accident. However, this isn't uncommon. The amount of money you can recover will depend on how much you contributed to your own accident. For instance, if a car cut in front of you and slammed on their brakes, causing you to hit them, they would be at fault. But let's say you were also texting while driving and didn't see them right away - then you, too, would have a hand in the accident.
If a jury decides you're "more" responsible for the accident (51% of the fault is on you), you can't recover anything from the other driver.
To Call Another Driver "At Fault," You Have to Prove Negligence
Texas is a "comparative negligence state," meaning that in order to win a claim against another driver, you have to prove that they were negligent. In a nutshell, this means proving that they did something reckless or careless, and that mistake led to the car wreck. This is often why the "tailing vehicle" is at fault in a rear-end collision - they were acting reckless by tailgating the car in front of them, leaving no room to stop if needed.
In addition to proving the other driver was at-fault for your rear-end accident, you’ll need to show that you weren’t at-fault (meaning you didn’t contribute to the accident).
When Can the Front Car Be At Fault in a Rear-End Collision?
The following are examples of collisions that are the fault of the front car (the one that is hit in the rear end):
- When the front car pulls out of a parking lot. If a car pulls out of a parking lot without looking to make sure the way is clear, or if they speed out and misjudge the distance between oncoming traffic, it's that driver's fault. Cars pulling out of lots must yield to the right of way.
- The front car changes lanes unsafely. If a car changes lanes and hits their brakes, and is rear-ended as a result, it's their fault. Unfortunately, these instances are tough to prove, and there are still arguments against the rear-end driver. If the second car did not leave enough room for the first car to merge, it might still be the rear-ender's fault.
- The front car slams on the brakes for no reason. In a normal situation, a car must keep a safe distance from the other car in order to come to a complete stop. However, there are certain situations where the front car stops for no reason at all. These situations are rare, but any resulting accident is the front car's fault.
We have represented many clients in this situation, and some of the most common causes of rear-end collisions include:
- Distracted driving - A driver can travel hundreds of feet in the seconds that they take their eyes off the road. Drivers are often distracted by their phones, radios, conversations, and even food.
- Speeding - In addition to following the speed limit, drivers must leave enough room between them and the car traveling ahead of them. If they fail to maintain this distance, they might not be able to stop in time to prevent a rear-end collision.
- Road rage - Enraged drivers are known to speed, drive aggressively, or follow too closely. This inability to deal with their emotions can result in a serious accident.
- Driving under the influence - Drivers who have consumed alcohol or drugs are often unable to react in time to stop an accident. There are hundreds of deaths every year in Texas due to drunk drivers.
- Mechanical failure - A car that is not roadworthy may not be able to stop in a timely fashion. Defective vehicles can be caused by owner negligence or negligence on behalf of those hired to provide maintenance service.
- Exhausted drivers - Drivers sometimes fall asleep at the wheel and run into other vehicles. This is more common than people believe, but it frequently happens with truckers and professional drivers who are overworked and spend many hours on the road.
Rear-End Accidents Can Result In Debilitating Injuries
Rear end accident injuries affect victims in various ways. You may be able to initially walk away from your accident, only to discover later that your pain and limited mobility is just getting worse. Other victims of rear-end accidents need to be immediately rushed to the hospital due to life-threatening damage. Being rear-ended can result in your car being pushed into moving traffic or even flipping over. The sudden impact of many rear-end collisions is enough to cause serious physical damage. Never take your physical injuries lightly. It’s crucial to get proper medical help as soon as possible and to make sure that your doctors understand the type of collision involved.
At Anderson Injury Lawyers, we have helped countless clients as they work to recover from their accidents. It’s important for your accident lawyer to work closely with your doctor. This allows your lawyer to fully understand your injuries and what is needed for you to get better. Demonstrating the full scope of your injuries is the only way to ensure that you recover enough compensation to meet your needs – now and in the future.
Common injuries from rear-end accidents
- Whiplash - This happens when tears or strains affect the muscles in your neck. In addition to neck pain, common symptoms include headaches, soreness in your shoulders, and numbness around your neck.
- Joint Injuries - A rear end collision can push you into the dashboard, steering wheel, or the seat in front of you. Many victims suffer dislocated or damaged knees, hips, or wrists.
- Brain damage - Being struck in the head or suffering from penetration to your skull can result in terrible brain injuries. This can result in permanent damage to your mobility, organ function, and ability to communicate.
- Paralysis - Damage to the brain, spinal cord, or other nerves can result in limited use of your extremities or organs. Paralysis can be permanent harm that you may have to deal with for the rest of your life.
- Deep cuts and lacerations - Hitting your head, arms, or legs on part of your car can cause deep cuts, and you can lose a lot of blood if you don’t get medical help quickly. Your seat belt can save your life, but it can also inflict a bad cut or laceration in a rear end accident.
Who Needs to Hire a Rear-End Accident Lawyer?
If you've never hired a lawyer before, you might be wondering, "What will an attorney do for me? Do I even need one?" You will benefit from hiring a lawyer if you:
- Were rear-ended by another driver and hurt as a result
- Another driver cut you off, causing you to rear end them, but you don't know how to prove it
- Don't have health insurance after a wreck and can't afford to get treatment
- Have never handled a claim before and feel confused about what to do next
- Tried handling the claim on your own but encountered trouble with the insurance adjuster
- Received an unfair settlement offer from the insurance company
- Want a professional to ensure you win everything you deserve to cover the cost of your accident
If you were in an accident that wasn't your fault and suffered injuries as a result, you will benefit from having a personal injury attorney handling your case. The reason is simple. After a wreck, you're going to have to convince the other driver's insurance company to pay you the money you deserve for your medical bills, damaged car, and pain and suffering. However, insurance adjusters are trained to pay you as little money as possible. It's how insurance companies make money.
Having a lawyer on your side evens the playing field. Here at the Anderson Injury Lawyers, we have over 25 years of experience winning money for hurt accident victims in the Dallas-Fort Worth metroplex. We know exactly how to set up your case, and we handle everything for you.
The Settlement Amount is Different Among Different Injuries
At the Anderson Injury Lawyers, rear-ended car accidents are one of the most common types of accidents that our attorney and legal team face. Rear-ended accidents can bring an array of injuries to the victim, including head, neck, and back pain. Even though our firm handles many rear-ended injuries, one thing is certain: all rear-ended accidents are different. These accidents occur at different times, to different occupants (drivers or passengers), at different angles of the vehicle, and so on. Most importantly, rear-ended accidents involve different injuries. This is caused by different factors in the weather, road conditions, and speed that the at-fault driver was on in the time of the accident.
As a result, there is a spectrum of the amount of settlement that an injured driver or passenger can receive. An injured victim that only required spinal injections will have a different settlement amount from an injured victim that required back surgery. This is to show that the seriousness of the injury can reflect a low settlement amount, like in the victim who received spinal injections, to a higher settlement amount, such as the victim who required back surgery. Also, there are other things to consider, such as whether or not the victim requires future medical treatment or rehabilitative support, which would cause a settlement offer to increase.
From Our Victories: $180,000 Settlement for Rear-End Wreck Victims in Grapevine, Texas
Rear-end accidents are one of the most common kinds of auto wrecks we see at the Anderson Injury Lawyers, so when Janice and Paul came to us after they'd been rear-ended on the highway, we knew we could help.
Rear-End Wreck on Highway 121
The pair had been driving on Highway 121 when Paul eased on the brakes. The driver behind him - clearly speeding - crashed into the back of their car, forcing Paul to hit the car in front of him. When the police came to the scene, they placed the speeding driver at-fault for "failure to control speed."
Janice and Paul were taken to a local emergency room. Paul was diagnosed with cervical sprain - an injury that continued to cause him neck and back pain in the coming months. Janice was diagnosed with lumbar disc disease and lumbar facet pain. She was given steroid injections to lower her pain, but when the pair came to us, neither was fully recovered.
Our Injury Lawyers Handle Rear-End Cases
Our firm worked with the medical providers to make sure the injuries were properly connected to the accident. If doctors don't make the right notes in a patient’s medical records (or don't make any notes at all), that can seriously hurt the patient as they're trying to make a claim because it makes it very hard to connect the accident to the injuries. We never let this happen to our clients.
Additionally, some insurance adjusters don't see rear-end accident's as being "that bad." Because getting rear-ended is common and does not always result in serious injuries, some adjusters like to argue that the victim's medical treatment is unnecessary or overblown. By carefully documenting each piece of our client's cases, we ensured that they were given full and fair compensation for their damages and injuries.
Based on the negligence of the at-fault driver, and the extreme nature of the injuries suffered by our clients, we were able to successfully resolve the claim. Janice and Paul were very happy with the final settlement of $180,000.
How A Lawyer Can Help after A Rear End Accident
Being in an accident caused by no fault of your own can be extremely difficult for you and your family. The physical pain can be intense and long-lasting. It’s possible that you will need costly medical treatment while also not being able to return to work for an extended period. Do not accept a financial settlement without first speaking with a knowledgeable and capable lawyer. The insurance companies will hope that you accept a low offer and drop any further claims. Having an experienced Texas personal injury lawyer will make sure that you recover all of the compensation that you deserve. Our team has years of experience negotiating with insurance companies on behalf of rear-end accident victims just like you. If we can’t secure an acceptable settlement offer, we know how to recover your damages in court.
You may be wondering how much a rear end accident is worth, and will a Texas injury claim help with your expenses. However, calculating the average settlement for rear-end car accidents will not give an accurate picture. Every case is unique, and the compensation that you can expect will be determined by the strength of your claim and the harm you suffered. Our lawyers understand how to build a strong case by showing the other party’s negligence, and accurately presenting how the rear-end accident caused you harm.
We can help you recover damages for:
- Medical bills including doctors’ visits, surgeries, and future medical needs
- Lost wages and lost future earning potential
- Permanent or temporary disability
- Physical therapy needs
- Equipment needed for mobility or physical therapy
- Pain and suffering
- Transportation costs associated with your recovery
Contact Anderson Injury Lawyers Right Away
Rear end collisions can cause lasting damage to their victims and their families. Your injuries can be debilitating, and you might need significant medical attention. Even minor whiplash can get worse if not treated, and your condition can impact every aspect of your life. Be sure to call an experienced Fort Worth rear-end accident lawyer with Anderson Injury Lawyers if a negligent driver has hit you. You have the right to seek compensation for the harm done to you. However, Texas’ statute of limitations can result in your case being dismissed if you wait too long to act.