You're on your daily commute when suddenly you feel the jolt of another vehicle slamming into the back of your car. Your head snaps back and your body jerks forward as the force of the collision pushes you into the intersection. As the sounds of crunching metal subside, shock and panic start to set in. You have just become one of the thousands of drivers who experience a "hit from behind" car accident every year on Texas roads. Talk with a Texas Car Accident Lawyer to get started if you feel you have a case.
What to Do After a Rear-End Car Accident in Texas
If you are rear-ended in an automobile accident in Texas, there are important steps you should take:
Call the Police
Immediately call 911 to report the accident and request police assistance. Provide the location of the accident and indicate that it involves a rear-end collision. The police will dispatch officers to the scene, investigate the accident, and complete an official police report. Obtain a copy of the police report for your insurance claim.
Exchange Information
Exchange contact and insurance information with the other driver. Get their name, address, phone number, driver's license number, license plate number, and insurance details. Provide the same information for yourself.
Seek Medical Attention
Even if you feel fine after the accident, see a doctor as soon as possible. Injuries like whiplash or back strains can appear hours or days after a rear-end collision. A medical report of your condition will also support any injury claims. Inform the doctor that you were in a car accident so they can properly assess you.
Contact Your Insurance Company
Report the accident to your insurance company immediately. Provide the details of the other driver and any information from the police report. Your insurance company may dispatch an adjuster to evaluate any damage to your vehicle. They can also start the claims process to recover costs from the other driver's insurance.
Consider Legal Counsel
For severe rear-end accidents, especially those resulting in significant injuries or damage, it may benefit you to retain an attorney experienced in auto accident and personal injury law. They can handle communications with insurance companies and help pursue a settlement that fully compensates you for any losses.
Gathering Evidence and Documenting Injuries
Gathering evidence and documenting your injuries from a rear-end collision is critical to seeking fair compensation. Immediately following an accident, obtain a police report and contact information for any witnesses. Take photographs of the vehicles involved, your injuries, and the overall scene. Seek medical attention right away, even for seemingly minor injuries.
Visit your doctor for a thorough exam and diagnosis. Provide a full account of how the accident occurred and any symptoms you've experienced. Accept any recommended tests or procedures to determine the extent of your injuries. Obtain copies of all medical records, test results, and expenses.
Keep a journal to record how your injuries impact your daily activities. Note any difficulties performing usual tasks at home or work, as well as the frequency and severity of your pain or suffering. Track medical appointments, physical therapy or other treatments, and any limitations placed on you by doctors.
Collect information on expenses such as ambulance fees, hospital bills, medication costs, and wages lost due to missed work. Make copies of receipts, insurance statements, pay stubs, and other financial records.
The evidence and documentation you gather can significantly influence the outcome of an insurance claim or lawsuit following a rear-end collision. While it may require effort and time, protecting your rights and seeking fair compensation for injuries and damages is well worth the investment. Staying organized and keeping thorough records allows you to pursue a settlement that covers all of your needs.
Determining Liability in a Texas Rear-End Collision
Determining Liability in a Texas Rear-End Collision
In Texas, the driver who rear-ends another vehicle is typically considered liable for the accident. As the driver approaching from behind, you have a duty to maintain a safe speed and distance so you can avoid hitting the vehicle in front of you. Failure to do so generally makes you negligent and liable for damages.
There are a few exceptions to this rule. If the front driver suddenly slammed on their brakes for no reason, that driver may share some liability. You would need to prove the front driver was driving recklessly or intentionally caused the collision. Witness statements and any available video footage could help support your claim.
The front driver may also be liable if their vehicle was illegally stopped or parked without hazard lights, especially in heavy traffic or at night. You would need to show that a reasonable person in your position would not have expected a vehicle to be stationary in that location. Evidence like photos of the scene and testimony about visibility and traffic conditions at the time of the crash would be important.
In some cases, liability may be split between drivers. For example, if the front driver stopped suddenly due to an emergency, but you were following too closely or driving distracted, you may each share fault. The insurance companies will determine percentages of liability based on details of the accident and applicable traffic laws.
No matter the circumstances, the most important step is to notify the police and exchange insurance information with the other driver as soon as possible after a rear-end collision. Be cooperative and polite, but do not admit fault. Let the insurance companies conduct a full investigation to determine liability and handle claims appropriately. With the right evidence and legal counsel, you have a chance to challenge a presumption of liability in a Texas rear-end car accident.
Negotiating a Fair Settlement With Insurance Companies
Negotiating a Fair Settlement With Insurance Companies
When negotiating an injury settlement with insurance companies after a rear-end collision, there are several key steps you should follow to achieve a fair outcome.
First, do not accept an initial low-ball offer. Insurance adjusters often make an unreasonably low first offer hoping you will accept it quickly. Politely reject this and make a reasonable counteroffer based on the specifics of your accident and injuries. Provide evidence from your medical records and bills to justify your request.
You should also not feel pressured into settling right away. Insurance companies may try to rush you into signing a release, but you have the right to take time to determine the full extent of your injuries and losses. Some injuries from rear-end impacts do not become apparent for weeks or months. Do not settle until you have a complete picture of the long-term implications.
Hire an experienced personal injury attorney to handle negotiations on your behalf. They are well-versed in dealing with insurance companies and can objectively determine the value of your claim based on their knowledge and experience. An attorney can also take over communication so you can focus on recovery, and they work on a contingency-fee basis so you pay nothing upfront.
Be willing to take your claim to court if needed. While most claims are settled out of court, insurance companies may refuse to offer a fair amount. Your attorney can then file a lawsuit to pursue compensation through proper legal proceedings. The vast majority of lawsuits are resolved before a trial, often with a significantly higher settlement than initially offered.
Remaining patient and working with qualified legal counsel gives you the best opportunity to obtain appropriate compensation after a rear-end accident. Do not settle for less than you deserve in your efforts to recover and move on from a traumatic event. With persistence, you can achieve a fair settlement.
Why Hiring a Texas Car Accident Lawyer Is Critical
Hiring an experienced car accident lawyer in Texas is critical to obtaining fair compensation for injuries and damages.
Knowledge of Laws and Legal Process
Personal injury lawyers understand the complex laws and legal procedures surrounding car accident cases. They can determine who is at fault, handle communications with insurance companies, and file a lawsuit if necessary. Without legal counsel, you risk accepting an unfair settlement or missing important deadlines.
Experience Negotiating Settlements
Seasoned car accident attorneys have a proven track record of negotiating favorable settlements with insurance companies. They know how to calculate the full value of your claim to pursue the maximum amount of compensation you deserve. Insurance adjusters, on the other hand, aim to settle claims for as little as possible.
Resources and Experts
Reputable law firms have the resources and connections to thoroughly investigate your accident. They can hire accident reconstruction experts, doctors, and other professionals to strengthen your case. As an individual, you likely lack the means and expertise to conduct such a comprehensive investigation.
Contingency Fee Basis
Most personal injury law firms work on a contingency fee basis, meaning you pay nothing upfront and only owe legal fees if you win compensation. This allows victims to pursue justice without having to pay expensive legal bills, regardless of the outcome. You have nothing to lose and everything to gain by hiring an attorney.
In summary, car accident victims in Texas stand the best chance of obtaining a fair settlement by hiring a knowledgeable lawyer to represent them. While the legal process can seem daunting, a good attorney will handle all the complexities of your case so you can focus on recovery.
Call A Texas Car Accident Lawyer At Fletcher Law
If you have been in a car accident in Texas that was not your fault, call a Texas car accident lawyer immediately. An attorney who focuses specifically on auto accidents and personal injury can advise you on the proper steps to take following an accident to protect your rights.
Call for a Free Consultation
Most reputable Texas car accident attorneys offer free, no-obligation consultations. This gives you the opportunity to discuss the details of your accident and injuries with a lawyer to determine if you have a viable claim. There are several factors that contribute to a strong car accident lawsuit in Texas, including:
•Liability and negligence of the other driver. To recover damages, you must prove the other party was at fault for the accident.
•Extent and severity of your injuries. Photographs, medical records, and other evidence will be needed to document your injuries.
•Amount of insurance coverage. Your lawyer can investigate to determine the amount of coverage available from the at-fault driver's auto insurance policy.
•Lost income and other damages. You may be entitled to compensation for lost wages, medical bills, pain and suffering, vehicle repairs, and other losses.
An experienced car accident lawyer can evaluate the merits of your case during a free consultation and advise you on whether you are likely to recover damages. They can handle all aspects of your claim including negotiating with insurance companies and taking the case to court if necessary.
Do not delay in contacting an attorney after an accident. Evidence needs to be preserved as soon as possible, and there are strict statutes of limitations on filing a car accident lawsuit in Texas. Most reputable law firms also work on contingency, so you typically pay nothing upfront and the attorney only collects fees if they win your case.
Call a Texas car accident lawyer for a free case review and to get the legal process started. They can handle the details so you can focus on recovering from your injuries.
Conclusion
In summary, if you have been involved in a rear-end car accident in Texas, you may be entitled to compensation. Even if you feel fine immediately after the crash, injuries like whiplash can manifest themselves days or weeks later. Seek medical attention as soon as possible and obtain a proper diagnosis and treatment. Document the details of your accident and medical care while they are still fresh in your mind. Consult with a personal injury attorney regarding your legal options for pursuing damages related to the at-fault driver's negligence.
While the road to recovery may be long, holding the responsible party accountable for your losses can help provide closure and allow you to move on from this difficult experience. Protect your rights and do not delay in taking action. Justice and fair compensation may be within your reach. Contact Fletcher Law’s Texas Injury Lawyers for help today.