A rear-end collision is when the front bumper of one vehicle collides with the back bumper of another, resulting in an accident. These accidents occur due to a driver’s inattention, drunkenness, road hazards, severe weather conditions, and other circumstances.
If you got involved in a rear-end accident because of someone’s negligence in Tyler, you could seek compensation from them. Here we can learn the benefits of having a Tyler rear-end collisions lawyer from Loncar Lyon Jenkins help with your situation.
Fault for a Rear-End Collision Is Not Always the Rear Driver
In Tyler and the rest of Texas in general, motorists must stay a sensible distance away from any vehicle in front of them. The logic behind this is that the gap between them would give the rear driver enough time to maneuver or stop safely should something happen to the front car.
Moreover, they should also consider the type of vehicle, traffic, and road conditions when determining a safe distance. For instance, if they were driving on Loop 323, they should stay farther away due to the higher speed limit. Or if they were downtown, they could get closer because vehicles have to be slower in urban areas, which means they would brake more gently.
Because of this rule, the usual notion is that the rear driver would be at fault for rear-ending the other car. But the front driver can also be liable. For example, they may have accidentally shifted into reverse and accelerated too quickly for the rear motorist to avoid them—even if they kept their distance.
There Could Be Other Parties Involved
Besides the rear and front driver, other parties may also be liable in a rear-end collision. One instance would be if the rear motorist’s newly bought car turned out to have defective brakes. As a result, they could not stop in time to avoid crashing into the front vehicle. In this case, the driver can hold the brake manufacturer liable for the defect.
A rear-end collision attorney can help collect proof of the other driver’s negligence in the accident. They stay updated on local traffic laws and can check for violations that further prove the other side’s fault. The lawyer can also investigate if there are other liable parties.
877-239-4878Available 24/7 | 356 Days | se habla español
Texas Mandates Insurance Coverage for Drivers
Texas is a fault state, so you can go straight to filing a claim with the other driver here in Tyler. Texas Transportation Code § 601.051 requires motorists to show financial responsibility to drive a car legally. Most drivers comply with this by carrying auto liability insurance.
The at-fault driver’s insurance provider will cover the damages their client causes in a car accident in a liability insurance claim. The state’s minimum mandatory coverages are:
- $30,000 per person for injury or death liability
- $60,000 per accident for injury or death liability
- $25,000 per accident for property damage liability
Your rear-end car accident attorney can check if the liable motorist is insured and who their provider is. They can also help form the claim and present it to the insurance company on your behalf. Your lawyer will also help compile your expenses so they can estimate your total damages.
Filing a Rear-End Collision Lawsuit Against the At-Fault Party
There is a chance your expenses might be too high for the other driver’s coverage, especially if they only carry the minimum. Should this happen, you can move on to filing a rear-end accident case against them instead.
In civil lawsuits, the court will decide the settlement you can receive from the liable driver. The driver may have to use personal assets to comply with the court’s orders. However, keep in mind that it can take several proceedings before the case gets a verdict, as the judge and jury will closely review both sides’ statements and evidence.
A rear-end car accident lawyer can help you comply with the filing requirements for your lawsuit. They can also counsel you on what to expect during the court proceedings.
Your Time Is Limited to File a Lawsuit in Texas
One of your case’s filing requirements is the statute of limitations. It is the amount of time you have to bring the matter to court. According to the Texas Civil Practice and Remedies Code § 16.003, you have up to two years to file car accident lawsuits.
Compliance is a must with the statute of limitations. If you miss the deadline, the court will not accept the case. However, a lawyer can track your progress and see if you still have time by checking for tolling exceptions. These can suspend your statute of limitations—essentially extending your time limit.
One such tolling exception is if you file the rear-end collision case on behalf of your child. The statute timer would not start its countdown until the child turns 18 years old.
877-239-4878Available 24/7 | 356 Days | se habla español
Comparative Fault Can Reduce Your Rear-End Car Accident Settlement in Tyler
The rear-end collision claim or lawsuit lets you recover damages for your accident-related expenses and the pain and suffering caused by injuries. But if you are partly to blame for the rear-end accident, you can only recover part of your total damages.
Texas’ comparative fault laws state that the recoverable amount will get reduced based on your shared liability. For instance, let us say that your damages total $345,000. However, the judge finds you 30 percent at fault for the rear-end collision. Therefore, you would only get 70 percent of the settlement or $241,500.
Furthermore, you cannot recover damages if the claims adjuster or court finds you more liable for the collision than the other driver.
Contact Our Rear-End Accident Lawyers in Tyler for Legal Assistance Today
A rear-end collision could significantly affect your family life, career, and finances like any other car crash. The law office of Loncar Lyon Jenkins understands your situation and is ready to work with you. You can consult first with our Tyler rear-end collisions attorney on what action to take after your accident.
Since 1988, our attorneys have handled various types of personal injury cases throughout Texas. These practice areas range from trucking accidents to slips and falls. To discuss your accident with us, you can call anytime or schedule your free consultation online.