Anderson Injury Lawyers | August 29, 2022 | Car Accidents
Rear-end collisions are among the most common types of car accidents and perhaps one of the most varied. Damage from one incident may be minor and, in another, deadly.
Compensation may be available for victims, but it is not automatically given, nor is it automatically fair. Recovering fair and just compensation typically requires rear-end collision victims to seek the services of a personal injury attorney.
Rear-End Collisions and Liability
In most cases, the person who rear-ended the other is likely liable. Vehicles are required to follow cars in front of them at a safe distance. If a driver cannot stop in time to avoid hitting another vehicle, they may be following too closely.
Establishing Your Claim
Regardless of how you say an accident happened, there must be evidence to back up your version of events. It must show that the driver who rear-ended you was negligent and that their negligence caused them to rear-end you. If you do not have this evidence, the insurance company could doubt your claim.
The types of evidence that will help your attorney pursue your claim include:
- Photo and video evidence of the crash, damage, and injuries
- Police report
- Witness statements
- Medical records detailing injuries
You should only take photos and video footage when it is safe, and you should always file a police report. Additionally, get medical treatment as soon as possible. If you wait, the cause of your injuries can be questioned.
Other important documents and information to gather may include:
- Insurance information for you and the other driver
- Vehicle license plate numbers
- Pre-crash medical records
- Your driver’s license
- Your driving record
- Medical bills
- Evidence of forced time off work due to your injury
Once you have some or all of this information, the next step is to schedule a consultation with a car accident attorney. You should not communicate with the other driver’s insurance company until you have representation or at least have consulted a lawyer. The insurance adjuster might use what you say to devalue your claim.
Keep in mind that there is a two-year window for filing car accident claims in Texas. You must also act quickly to present a strong claim.
Recovering Compensation After a Rear-End Collision
After meeting with your attorney, you should have a good idea of the value of your claim. It will be based on the extent of your injuries and their effect on your life. Medical bills, the costs for hired help, and lost income may all be recovered in your claim.
You may also claim certain intangible losses, such as:
- Physical pain and suffering
- Emotional pain and anguish
- Physical impairment
- Loss of enjoyment of life
Your attorney will negotiate with the other driver’s liability insurance company for a proper settlement. In the event the insurance company won’t pay a fair settlement, your attorney may advise you to take your case to trial.
Why Rear-End Collisions Occur
There are various reasons why a driver might rear-end your vehicle, many of which deal with negligence. Distractions can lure drivers’ eyes from the road long enough for them to be surprised when they return their gaze forward.
Aggressive driving is another form of negligence that leads to rear-end crashes. These speeding drivers frequently drive dangerously close to vehicles going the speed limit, leaving them no room to stop if the car ahead of them suddenly brakes.
The bottom line is that negligence and recklessness underpin many rear-end injury collisions. If you have been involved in one and need compensation, you are likely better off seeking representation from a knowledgeable attorney than dealing with an insurance company adjuster on your own.