Rear-end collisions are common on Houston roads. Although determining fault for this type of accident may seem straightforward, it is a complex process. Usually, insurers dispute liability, which makes it hard to get reasonable compensation for a victim’s injuries and losses.
If you have been in a rear-end accident, it’s important to establish liability to obtain the compensation you need for your damages such as medical expenses, lost income, vehicle repair, and others. This is when you need a Houston rear end collisions attorney on your side.
Common Injuries from Rear-End Accidents
Some kinds of injuries are linked with rear-end crashes and can indicate fault. Whiplash is the most common injury that happens when your neck is violently moved back and forth, damaging its soft tissue. This injury usually offers evidence of the direction and force of impact, which helps determine fault. Often, fault is assigned to the motorist who rear-ends another car. This driver is supposed to maintain a safe distance from the car in front of them, so they can stop safely. A whiplash injury can support your claim that shows the failure of the rear vehicle driver to adhere to such responsibility. Its common symptoms include neck pain and stiffness, shoulder, arm, and upper back pain or tenderness, fatigue, arm tingling or numbness, blurred vision, and dizziness.
The majority of those who have mild whiplash can recover from it within a few weeks up to three months with proper treatment and care. But some may deal with symptoms for up to six months. A rear-end collision can lead to other injuries such as concussions, soft tissue injuries in the torso, arms, shoulders, chest, and legs, as well as spinal cord injuries, and back injuries. These injuries offer more evidence of the impact and seriousness of the accident, further supporting your claim. Your lawyer can collect and present such evidence to hold the responsible party accountable.
Assumptions Regarding Rear-End Collisions
In the majority of rear-end accident cases, the trailing vehicle’s driver is often presumed to be responsible. But in some situations, responsibility may fall on the lead driver. These include the following:
- Reversing direction unexpectedly. If the lead driver suddenly puts their car in reverse and causes a collision, they can be held responsible for it. This is an unusual maneuver that usually catches the driver of the car behind off guard.
- Brake checking. This happens when the driver of the front car intentionally and abruptly brakes, usually as an act of insurance fraud or road rage. This misconduct can result in a rear-end crash for which the said driver is to blame.
- Malfunctioning brake lights. The brake lights of the lead driver should work properly to give the driver behind them enough warning that the car is stopping or slowing down. Otherwise, the lead driver can cause a rear-end collision and be held accountable for their action.
If you have sustained an injury in a rear-end crash, do not deal with the aftermath without an attorney on your side. Your attorney can fight for your legal rights and make sure you get the compensation you are entitled to. Regardless of the amount an insurer offers to settle your case, your attorney will not allow them to take advantage of you.
- Changing lanes without warning. Abruptly changing lanes without signaling or giving the tailing driver enough time to react can result in a rear-end collision. In this case, the lead driver is at fault.
- Driving under the influence. A driver who gets behind the wheel while under the influence of alcohol or drugs will have impaired reaction times and judgment. If the lead driver is driving under the influence, they can cause a collision. In this case, this driver can be partially or fully responsible for the accident.