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Texas law requires that if a collision results in bodily injury, death, or more than $1,000 in property damage, the auto accident must be reported. Additional things to do following the accident include: Seek medical help or emergency care for your injuries.
In Texas, Is a Rear-End Accident Automatically the Fault of the Driver Who Hit the Other? Although the driver in the rear is often at fault, there are exceptions. A rear-end collision occurs when the front of one car hits the rear of another car.
What to Do When You're Rear-EndedCheck for injuries. Seek medical attention for those injured.Call the police and report the accident.Take pictures and document the positions of the vehicles. Explain to the police officer how the accident occurred.Get a copy of the accident report.Contact your insurance company.
Additionally, the average claim for bodily injury is $15,443. Yet many settlements are higher while many are lower than the averages cited. Generally speaking, the car accident settlement amounts average can vary widely. A settlement total depends upon a number of different factors.
the rear driverIn rear end collision cases, it is generally presumed that the rear driver is the one who is at fault for causing the accident. The reason for this is relatively simple: most rear end collisions are, in fact, the fault of the rear driver.
The rear driver in a rear-end collision is not always at fault for the accident. Liability in a rear-end collision is not automatic and sometimes the lead driver or another vehicle is liable for the injured drivers' damages.
There are some steps that you will need to take first if you hit a car from behind:Check for injuries and call for medical assistance if needed.Call the police and file a police report.Take photos and ask for witness statements.Report the accident to your insurance.More items...
Yes, you should call your insurance company if you were in a car accident that was not your fault. There are two main reasons for this. First, your insurance company may require you to contact them as outlined in your policy.
If a driver is holding the steering wheel at the time of a rear-end collision, their arms and wrists often absorb some of the impact. This can cause injuries like sprained wrists, stress fractures in the arm, dislocated shoulders, and tendon damage.
The average settlement amount for a car accident is approximately $41,783.00. This figure may be high in comparison to national averages across the United States because the data includes more car accident settlements involving serious injuries.
Auto insurance. As explained above, the at-fault party must pay for medical bills through his or her auto insurance after a car accident in Texas. If the at-fault party does not have insurance or it was a hit-and-run car accident, you may need to seek payment from your own auto insurance carrier instead.
How Long Do I Have to File a Car Accident Lawsuit in Texas? If you and the insurance company cannot agree on the claim, you may have to file a lawsuit to pursue damages.
Generally, you shouldn’t leave a thing to chance if your vehicle has been rear ended because there are too many things at stake.
It can sound horrible, but you may find that an insurance company is unwilling to pay for many claims after you have been rear ended. It is the general pattern of most companies to seek ways of avoiding the biggest payouts, and you will find yourself struggling to prove that the driver behind you was totally at fault, liable for all that happened to your car or your body because of the crash, and for any subsequent financial issues afterward.
It is true that some rear-end collisions are minor and end with little to no damages or injuries, but some rear end collisions are much more severe and end up with totaled vehicles and major injuries, even death. Rear-end collisions are also known as whiplash accidents because whiplash injuries are common when a motionless vehicle is suddenly struck from behind. Whiplash can be tricky because a car occupant may feel fine immediately after being rear ended, but then symptoms may start to creep up in the following few days. A Dallas rear-end collision attorney has experience handling injury claims where a person’s injuries surface days or weeks after an accident.
So you may be thinking, since you were the one rear-ended it is automatically the other driver’s fault, right? That common misunderstanding of rear-end accident fault is not accurate. Texas is what is known as a modified comparative fault state, meaning you are permitted to recover damages from a car accident if you were less than 51% at fault, but your damage total will be reduced by your percentage of fault. For example, if your total damage amount is $100,000 and you were 30% at fault, your damages will be reduced by 30% leaving you with a $70,000 recovery.
Before you do anything else, it’s important to understand how your state handles car accidents. Most states operate under an at-fault system, in which the insurance carrier of the driver who is responsible for causing an accident is responsible for the cost of property damage and injuries sustained in an accident.
If you live in an at-fault state, determining who was responsible for the accident is crucial. In the majority of cases, the driver who rear-ended you will be deemed at fault for the accident. This is because cars are required by law to keep a safe following distance from the cars in front of them.
Regardless of whether or not you choose to seek out the help of a car accident lawyer, you will need to file a claim with the at-fault driver’s insurance.
There are too many factors to give a truly accurate estimate of what you can expect in terms of a rear-end collision settlement.
The best way to determine how much a car accident attorney can actually help you is to arrange a consultation with an experienced personal injury law firm. At Lerner and Rowe Injury Attorneys, we offer all prospective clients with a free case review to help accident victims understand all their legal options and make an informed decision.
You could be the most careful driver on the road, but you might not be able to prevent a collision from behind. There are a couple of reasons for rear-end accidents, including:
It should be noted that any auto accident has the potential to cause fatal injuries. For rear-end accidents, the majority of victims will suffer from soft-tissue injuries.
If it is possible, get out of traffic as soon as possible after an accident. Make sure that no one is seriously hurt. Even if no one is hurt and you’ve exchanged insurance information with the other driver, it’s best to call the police.
The person who rear-ends the vehicle will most likely be at fault, but that is not always the case. According to road safety rules, you’re supposed to follow the vehicle in front of you at a safe distance so that you can come to a sudden stop without getting into an accident.
There are circumstances where both parties will be partially at fault for the accident. Illinois is a modified comparative negligence state. This means the liability can be split between the parties involved in the accident.
You should consult an attorney no matter how minor the accident might seem. You might have suffered serious injuries which will not manifest immediately. A good attorney will ensure that you see a specialist so that nothing is being left to chance.