If you’re in a rear-end crash in Dallas, follow these steps:
- Contact the authorities.
- Gather evidence at the scene.
- Seek medical assistance.
- Notify your insurance company.
- Get a copy of the police report.
- Follow through with your medical treatment.
Once you have completed these steps, you may want to consult a car accident lawyer. They can deal with all aspects of your case while you recover. This article will detail what you need to know about rear-end crashes in Dallas, including their causes, determining liability, and navigating the insurance claims process.
Common Causes of Rear-End Car Crashes in Dallas
Rear-end collisions are some of the most common types of car accidents. Generally, they occur when the leading vehicle is suddenly struck from behind.
People are quick to assume that the driver who hit the leading driver is always at fault for the accident. This may be true if the driver was distracted, drowsy, following too closely, or otherwise driving on safely. However, rear driver negligence is not the only cause of rear-end collisions in Dallas.
When the At-Fault Party Is Someone Other Than the Rear Driver
Unsafe road conditions and defective auto parts have been known to play a part in causing rear-end collisions. If the vehicle that hit you from behind had a brake malfunction, the brake manufacturer, auto parts designer, maintenance technicians, or other third parties could all share fault for the accident.
Your lawyer will carefully review the details of your case to determine how your rear-end collision occurred and who may be responsible. They will be tasked with proving that the defendant in your case:
- Owed you a duty of care
- Breached that duty of care
- Was directly responsible through their actions for causing you physical or emotional injuries that reduced your quality of life
For a free legal consultation, call 877-239-4878
Can the Leading Driver Ever Be Liable for a Rear-End Crash?
In rear-end collisions, there are situations in which the leading driver can be at fault for the accident, including:
- The leading driver slamming on their brakes without warning
- The leading driver pulling out into traffic by misjudging the distance of oncoming traffic
- The leading driver suddenly changing lanes and slamming on their brakes
If You Hold Responsibility for the Rear-End Crash
Don’t worry if you played a part in the rear-end collision. Fortunately, Texas follows a proportionate responsibility system. Under Texas Civil Practice and Remedies Code § 33.001, if you are partially at fault for your accident or injuries, you can still be awarded compensation for your damages, but your award will be reduced to reflect your portion of fault.
For example, if you were 25% responsible for causing the accident, perhaps by pulling out in front of a vehicle and then slamming on your brakes, you could expect to recover only 75% of your initial injury settlement.
If you have questions surrounding how your compensation could be affected, do not hesitate to consult an attorney to discuss your concerns.
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Insurance Claims for Rear-End Crashes
Texas is a fault-based state for insurance and accident purposes. When you’re involved in a rear-end collision or any other type of accident, you will file a claim with the at-fault party’s insurance company. That is, when you are hit from behind, and the driver who hit you is responsible, you will need to file a claim with their insurance company.
There are a couple of key points to remember as you enter negotiations for rear-end collision claims. First, expect the insurance company to attempt to rely on Texas’ proportionate responsibility to reduce your injury settlement.
Next, you should know that the insurance company may only cover a certain amount of damages. If the liable party’s insurance coverage does not adequately cover your damages, you may need to pursue the remaining losses through the Texas civil court system.
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Forms of Compensation You Claim in a Texas Rear-End Collision Case
Based on the severity of your injuries and how much your accident-related expenses are, you may be eligible to recover damages for:
- Past and future medical bills
- Income losses
- Lost earning potential
- Property damages
- Pain and suffering
Wrongful death damages may be available if you lost your loved one in a rear-end collision.
Start Working With a Texas Rear-End Crash Lawyer at Our Firm Today
Were you seriously injured in a rear-end collision? Are you wondering how to hold the liable party accountable for their negligent actions? If so, consider partnering with a Dallas rear-end crash lawyer at Loncar Lyon Jenkins for help. We will gather evidence, establish fault and liability, and fight for fair compensation on your behalf.
Our firm proudly offers no-cost, risk-free consultations to injury victims across Dallas and nearby cities. Take advantage of this opportunity when you call our office or contact us online today.