Rear-end collisions are among the most common types of car accidents in Austin, often leading to serious injuries and significant property damage. Whether caused by distracted driving, speeding, or other forms of negligence, these accidents can disrupt your life in an instant. At The Law Office of David J. Lopez, we understand the challenges you face after a rear-end collision and are dedicated to helping you pursue the compensation you deserve.
Rear-End Collisions, Defined
Rear-end collisions occur when one vehicle crashes into the back of another. These are often caused by a driver failing to maintain a safe following distance, resulting in a lack of time to react when the vehicle in front stops or slows down. Rear-end crashes can vary in severity, ranging from minor fender-benders to catastrophic collisions that cause severe injuries. Victims of rear-end collisions may suffer physical injuries, emotional distress, and financial losses.
Steps to Take Immediately After Rear-End Collisions:
- Check for injuries and ensure everyone involved is safe before moving vehicles.
- Call emergency services to report the crash and request medical help if anyone is hurt.
- Move vehicles out of active traffic when it’s safe, and turn on hazard lights.
- Document the scene by photographing vehicle damage, license plates, skid marks, traffic signals, and any visible injuries.
- Exchange information with the other driver, including names, phone numbers, insurance details, and vehicle descriptions.
- Collect witness details, asking bystanders for their names and contact info in case their testimony is needed.
- Seek medical attention promptly—even if you feel fine now, some injuries (like whiplash) can appear later.
- Contact The Law Office of David J. Lopez to discuss your legal rights and next steps in pursuing compensation.
Rear-End Collisions FAQs
What compensation can you get if you've been rear-ended in Texas?
If you’ve been rear-ended in Texas, you may be entitled to compensation for a variety of losses. These can include:
- Medical expenses: This includes the cost of emergency treatment, doctor’s visits, surgeries, rehabilitation, and any ongoing medical care required due to the accident.
- Lost wages: If you are unable to work due to injuries sustained in the collision, you can claim compensation for the wages you have lost during recovery.
- Property damage: The cost to repair or replace your vehicle, or any other damaged property, is included.
- Pain and suffering: You may also receive compensation for the physical pain and emotional distress caused by the accident.
- Loss of consortium: In some cases, compensation can be sought for the loss of companionship or emotional support from a loved one if their injuries significantly impact your relationship.
Each case is unique, and the total amount of compensation depends on the circumstances surrounding the accident, the severity of your injuries, and the extent of damages.
Who is at fault in a rear-end accident in Texas?
In Texas, the driver who rear-ends another vehicle is typically presumed to be at fault. This is because drivers are expected to maintain a safe following distance and be able to stop in time to avoid a collision. However, there are exceptions to this general rule:
- Driver in front is at fault: In some cases, the driver in front could be at fault. For example, if the driver suddenly and without warning reverses into the vehicle behind them, they may be held responsible for the accident.
- Road conditions or hazards: If road conditions such as poorly marked lanes or debris contributed to the crash, the party responsible for maintaining the roadway may be liable.
- Faulty vehicle equipment: If a vehicle’s brake lights were malfunctioning or another vehicle defect caused the accident, the manufacturer or maintenance provider could be held liable.
Determining fault can be complicated, and having an experienced attorney, such as Mr. Lopez, can help clarify the situation and ensure you receive fair compensation.
What do I do if the driver who hit me is uninsured?
If the driver who rear-ended you is uninsured or underinsured, you still have options for pursuing compensation. Some of the options available in Texas include:
- Your own insurance policy: If you have uninsured/underinsured motorist coverage as part of your car insurance, you can file a claim with your own insurance company. This coverage is specifically designed to protect you in situations where the at-fault driver does not have adequate insurance.
- Personal injury lawsuit: If the at-fault driver is uninsured and has no assets to cover the damages, you may still be able to file a personal injury lawsuit to recover compensation. However, this can be more complicated and may not result in a full recovery, especially if the driver has limited financial resources.
- Texas’s “at-fault” system: Texas does not follow a no-fault insurance system, meaning that each driver’s own insurance is not automatically used to pay for their injuries. However, filing a claim under your own insurance or pursuing legal action may still be viable options.
Contact the Law Office of David J. Lopez
The Law Office of David J. Lopez is here to stand by your side after a rear-end collision. We understand how overwhelming these situations can be and are committed to helping you pursue the best outcome possible for your case. If you’ve been injured in a rear-end accident in Austin, schedule your consultation and let Mr. Lopez help you get the compensation you’re owed.