Parking lots, red lights, stop signs, and snarled highway traffic can present a unique risk. Your chances of being involved in a rear-end collision tend to go up. This doesn’t mean you’re predestined to be in a rear-end collision. Only your chances tend to increase in certain situations.
When it comes to fault in a rear-end accident, the driver tapping your vehicle’s bumper isn’t always responsible. Sometimes more than one driver is partially to blame. Determining liability in a TX rear-end collision can be complicated. The outcome can also impact your accident claim.
A rear-end accident is precisely what you’re probably envisioning. If you’re thinking of one driver hitting the rear end of another vehicle, you’re absolutely correct. These types of vehicle collisions are frighteningly common. According to data from the National Highway Traffic Safety Administration (NHTSA), about 23% of vehicle accidents are rear-end collisions. Yep, close to a quarter of all vehicle wrecks are rear-end accidents.
As we mentioned earlier, parking lots, red lights, and highway traffic jams are common places where rear-end collisions can occur. This doesn’t mean you need to start taking steps to avoid these places. It’s not really practical, even if it’s feasible. After all, eventually, you’re going to need to drive in a parking lot. You can’t always leave your vehicle parked on the street.
What you can do is take a couple of precautions like not driving distracted. This is a common cause of vehicle accidents, including rear-end collisions. Paying attention to your surroundings also helps. You want to pay particular attention to any vehicles following behind you.
Unfortunately, even if you’re following all traffic laws it’s not always enough to avoid being in a rear-end collision. When this type of accident happens, determining liability is usually an essential part of the claim process.
Just because another driver rear-ends the lead vehicle doesn’t automatically mean they’re the at-fault driver. The Lone Star state has laws regulating fault in car accidents. Having a basic understanding of Texas law can help, but it’s still a good idea to have an experienced injury attorney working on your claim.
Before we get into how liability is typically figured out in a rear-end accident, you should know a bit about modified comparative negligence. Yep, it’s a bit of a mouthful and this insurance rule can have a huge impact on your potential compensation.
Modified comparative negligence allows for more than one driver to be partially liable for causing the same vehicle accident. You can still file an insurance claim against the other at-fault driver, as long as you’re not more than 50% responsible for causing the accident. However, your compensation amount is reduced by your percentage of blame. So, if your claim’s value is $100,000 and you’re 50% liable for the collision, your maximum compensation is $50,000 or half the claim’s total value.
Here’s an example of how modified comparative negligence works in a rear-end car accident. If you’re the lead vehicle and suddenly slam on your brakes for no apparent reason and the driver behind you hits your rear bumper, both parties are probably going to be assigned some of the blame. You may be guilty of brake-checking, and the other driver is liable for following too closely.
In this scenario, fault is assigned to both drivers. Yes, brake checking is illegal in Texas. If you’re caught, you can be facing hefty traffic fines.
You can’t just point a finger at the other involved driver and claim they’re completely responsible for your rear-end collision. If things worked this way, no one would ever be held liable for an accident.
Typically two groups take care of assigning blame for a vehicle collision. The responding authorities will investigate the accident scene, along with the insurance adjusters. Don’t be surprised if you see an insurance adjuster showing up at your accident scene. Some insurance companies are taking advantage of the mobile office trend. This means their agents are riding around in vehicles waiting to respond to an accident involving one of the company’s policyholders.
As you’re seeking medical treatment for your injuries, the accident investigation is well underway. Sometimes this can actually work in your favor, especially if you’re not the responsible party. Once liability is determined, you can usually start moving forward with your accident claim. Liability must be settled before you can pursue compensation. If liability is still up in the air, you don’t know who to name as a defendant.
Letting others handle the accident investigation can also work against you. The adjuster for the at-fault party’s insurance provider is going to do everything legally possible to shift some of the blame away from their client. This usually means you’re being assigned fault. You can take steps to help protect your accident claim’s value by working with a Texas personal injury attorney.
Your attorney has access to investigators and accident scene reconstruction specialists. They can recreate the accident to determine liability. Their findings may be different and this can help ensure you can receive your claim’s maximum value.
Don’t be surprised if you don’t agree with your assigned percentage of fault. Remember the other driver’s insurance provider may be the one assigning blame. If you’re ready to start fighting for your compensation, you’re going to need an attorney. You’re off to file an appeal in civil court. This means presenting evidence before a judge or jury and this is something you should let an experienced attorney handle.
The court will review the evidence submitted by you and the defendant and make a decision. The court may decide to reduce your percentage of blame or leave it the same. If you don’t agree with the court’s decision, you can usually keep filing appeals. However, this is also going to drag out your settlement timeline so discuss the pros and cons with your personal injury attorney.
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