There’s almost nothing scarier than the sudden, ear-splitting sound of a car crash. It’s doubly so when someone hits you from behind with no warning. If you are hit in a rear-end collision that caused injuries, you have the right to seek compensation from the at-fault driver.
You might think it’s clear who’s to blame for a rear-end collision. The person who crashed into the back of your vehicle should be held liable for your resulting expenses.
Unfortunately, insurance companies do whatever it takes to withhold settlements from accident victims. They’ll look for any reason to deny the insurance claim or provide an offer much lower than the injured party deserves.
The Benton Law Firm and our team of Dallas rear-end collision lawyers know how to protect our client’s rights and ensure they receive the maximum compensation available.
Rear-end collisions are one of the most common types of car accidents and cause thousands of injuries and fatalities every year. If someone’s careless actions lead to your rear-end accident, you’re entitled to pursue financial compensation in an insurance claim or lawsuit.
To find out how The Benton Law Firm can help, call us at (214) 777-7777. We’ll schedule your free consultation with one of our Dallas rear-end collision lawyers today.
The Major Causes of Rear-End Car Accidents
Tailgating is dangerous and leads to more rear-end collisions than any other driver behavior. When someone doesn’t leave enough space between their car and the car ahead, it’s almost impossible to avoid a crash when traffic slows down or stops suddenly.
According to the National Safety Council, drivers should use the three-second rule to determine a safe following distance. Unfortunately, not everyone follows their recommendation.
To use the three-second rule, pick out a stationary object, such as a street sign, and count how many seconds it takes to pass it after the person ahead of you. Maintaining enough space to avoid an accident should take at least three seconds. If driving in adverse road or weather conditions, add one or two more seconds to the following distance.
If you’re on the road and notice someone is tailgating you, you can try to mitigate the risk of a rear-end accident. Be sure to remain calm and don’t escalate the situation.
- Don’t brake-check the driver or exhibit acts of “road rage.”
- Put more distance between your cars if the speed limit allows you to drive faster.
- Move to another lane or pull off the road so that they can pass you.
- If you’re in the far left lane and can’t merge, pull onto the shoulder or turn left to get off the road.
Tailgating isn’t the only cause of rear-end car accidents. Other common causes include:
- Traffic congestion
- Speeding
- Drowsy driving
- Distractions, such as texting
- Slow-moving cars
- Road rage
- Driving under the influence
Sometimes it’s impossible to prevent someone from colliding with the back of your car. Even if you take safety precautions, there are situations where you can’t escape a reckless driver. The good news is you have legal recourse when this happens.
If you get hurt in a rear-end collision, it’s most likely the other person’s fault. Determining why the accident happened and finding supporting evidence is crucial in holding them responsible. The Benton Law Firm can do that.
How to Handle a Rear-End Collision
Follow the steps below to protect your chances of recovering compensation from the at-fault driver. If they crashed into the back of your car, your attorney must prove their actions caused your injuries.
Although you might be in shock after an accident, try to stay calm and complete each of these steps to pursue legal action.
- Call law enforcement to report the accident. Wait for them to arrive and investigate how the crash happened. They’ll speak with you, other vehicle occupants, and witnesses. When they’re done, they’ll write a traffic crash report, and your attorney can request a copy of it online when it becomes available.
- Take pictures of the accident scene. Include vehicle damage, debris on the road, and other relevant evidence.
- Talk to people who saw the crash occur. Write down their names and phone numbers to provide to the insurance company. They could give statements that support your explanation of the cause of the accident.
- Get details from the at-fault driver, such as their name, contact information, and auto insurance details.
- Go to the doctor for an evaluation of your injuries. They’ll provide a diagnosis and recommend a treatment plan. Follow their orders and continue seeing all your medical providers until they release you from their care.
- Take your car in for a repair estimate to determine the extent of the damage and how much it will cost to fix it.
- Keep everything related to the accident, such as medical records and other documents.
- Contact The Benton Law Firm and hire one of our Dallas rear-end collision lawyers to assist you with your case.
Building a legal case is complicated. We can ensure you receive the maximum compensation you deserve. We’ll file the insurance claim on your behalf and investigate the crash to determine who caused it.
We’ll obtain sufficient evidence to prove the other driver was at fault and that you suffered injuries, such as:
- Police reports
- Event data recorder information (“black box” found in many vehicles)
- Eyewitness statements
- Copies of your medical records
- Photos of the accident scene
- Video surveillance
- Car repair estimates
- Lost wage reports
We know what insurance companies look for when reviewing the details of car accidents. We’ll submit everything we find and aggressively negotiate a full and fair settlement. If we’re unable to reach an agreement, we can move forward with a lawsuit.
Severe Injuries Are Often Associated with Rear-End Car Accidents
Unfortunately, many rear-end collisions occur at high speeds. The driver in the back usually drives fast, leading to a violent impact and severe injuries.
The most common rear-end crash injuries include the following:
- Concussion
- Whiplash
- Traumatic brain injury
- Broken bones
- Spinal cord injury
- Crush injury
- Loss of limb
- Ejection injuries
Any of the injuries above could result in permanent medical conditions. If the injured party suffers a permanent physical or mental disability, they’ll need consistent medical care and assistance performing certain tasks. Lifelong treatment is expensive, and the at-fault driver should be the one to pay.
Collecting Compensation from an Insurance Claim
Most victims of rear-end collisions file an insurance claim first to reach a settlement agreement. In Texas, auto accidents follow a fault system. That means the driver who causes a car crash becomes automatically responsible for resulting damages (losses associated with an accident). Payment typically comes from their auto insurance company.
All motorists are legally required to carry auto insurance with minimum liability limits for bodily injury and property damage. Those limits cover the injured party’s expenses related to the accident.
If you choose to file a liability claim, you could seek the following economic and non-economic damages:
- Medical bills
- Car rental costs
- Lost wages and earning capacity
- Pain and suffering
- Vehicle repair or replacement expenses
- Emotional or mental anguish
- Loss of enjoyment of life
Even though it’s the law to have auto insurance, some drivers don’t. If you find out the liable party doesn’t hold liability insurance, you could file a claim with your insurance company.
UM coverage, which stands for uninsured/underinsured motorists, compensates accident victims when the at-fault driver doesn’t carry auto insurance or their limits aren’t high enough to pay for damages.
Through a UM claim, you could recover the following damages
- Lost wages
- Replacement of damaged property
- Vehicle repairs and rental costs
- Medical expenses
- Pain and suffering
- Disfigurement or disability
Another available insurance coverage is known as PIP. Personal injury protection isn’t a legal requirement for motorists to carry, but insurance companies offer it to their policyholders. If you included PIP on your policy, you could file a claim to cover your medical bills and lost wages up to your chosen limit.
Unlike UM and liability claims that reimburse the cost of your damages after a settlement agreement, PIP provides upfront payment. When treating your injuries, you can provide your PIP information to all medical providers, who will submit bills directly to the insurance company for payment.
Contact Us
The Benton Law Firm understands how overwhelming rear-end crashes can be. When you’re trying to recover from injuries, the last thing you want to worry about is a legal case. But don’t lose out on the money you need.
When you hire us, we’ll take on the responsibility and handle every step of the process. You can depend on us to create a personalized plan to reach your goals and get you the financial compensation you deserve.
Our Dallas rear-end collision lawyers will fight hard to hold the other driver liable for their actions. We’ll be happy to provide a free consultation to discuss the details of your accident and determine the legal options available to you.
Call us today at (214) 777-7777 to schedule your consultation, and let us help you get on the road to recovery.