Rear-end car accidents in Leander are among the most common examples of traffic collisions where an injured person can collect compensation for their losses. It is easy to assume that, if you were rear-ended, the other person is entirely responsible. However, the law never presumes fault for an accident, and the burden lies on you to demonstrate that another driver was to blame for the crash and prove how the crash has impacted your life.
Talking with a car collision attorney after being rear-ended can provide much-needed information and support. A lawyer can investigate the facts behind the crash, speak with any relevant witnesses, and build a powerful case against another driver. Using this information, they can work toward securing the compensation that you deserve through insurance settlements or through a trial.
A common misconception in the world of personal injury law is that the trailing car is always at fault for a rear-end accident. Sadly, this is not always true. When people demand compensation for their losses following any sort of car accident, they must demonstrate that another driver was to blame. While the fact that a driver was rear-ended is certainly is powerful evidence of this fault, there may be other factors that work in a defendant’s favor. For example, if the driver in front suddenly slammed on their brakes, the defendant might not have been able to stop their car in time.
Ultimately, the insurance companies and courts in Leander that adjudicate rear-end car accidents must evaluate the actions of all drivers involved in the collision. They must then assign blame accordingly. Under Texas Civil Practice & Remedy Code §33.003, a court must reduce an injured person’s compensation by the percentage of blame that they carry for the incident. If this percentage rises to more than 50, the court cannot award any payments. Similar concepts apply to attempted settlements with insurance companies. A skilled lawyer understands the nuances of this comparative fault system and can help hold a negligent driver accountable for the rear-end crash in question.
It is impossible to state with any certainty how a rear-end collision will affect victims. Every person is unique, and their experiences following a crash will be specific to them.
One thing that every valid case must have in common is a physical injury that requires medical attention. This could involve a trip to an emergency room, hospitalization, or chiropractic care. When a plaintiff demonstrates a physical injury and professional medical treatment, they can file a claim and hold the other driver accountable for these losses.
In addition, most victims will find that they suffer other losses connected to the rear-end wreck. For example, a person might experience flashbacks, nightmares, or other mental health concerns after being hit from behind. They might also lose out on substantial income when an injury causes a disability or forces them to miss work. A hardworking Leander attorney understands the potential impact of a rear-end crash and can help a plaintiff demand compensation for their many losses or complications.
All drivers have a duty to protect others while on the road. Rear-end collisions are a clear violation of this duty. However clear it may be that a rear-end driver was to blame for a collision, the law will never assume fault. As a result, it is always necessary to prove that another driver caused the rear-ed crash and demonstrate how that accident changed your life.
An attorney may be able to help with this process. Our legal team can assist with investigating rear-end car accidents in Leander and seeking out compensation for your setbacks. Reach out today to schedule an appointment.