Rear-end collisions are among the most common types of wrecks. It does not take anything more than a moment’s distraction to rear-end another vehicle. Unlike other accidents, both drivers are probably traveling in the right direction and may even be observing other traffic laws.
Fortunately, most of these rear-end collisions are fender benders — accidents with damage to one or both vehicles but no personal injuries. However, they can lead to severe injuries or even death. Hidden injuries that may not be apparent at the time of the accident are common, exceptionally soft tissue injuries like whiplash. If you or a loved one have been harmed in rear-end car accidents in Seguin, an attorney may be able to help you. A car accident attorney can discuss your potential remedies and possible settlement or award amounts.
Tailgating means following too closely to the car in front of you. A good rule of thumb is that a vehicle should maintain at least three seconds of stopping distance between the back of the vehicle in front of them and the front of their vehicle. Unlike other estimates, this distance takes into account speed since the faster the vehicles are moving, the greater the distance will be. Under ideal weather conditions, this following distance should allow the following vehicle to stop in time to avoid the lead car.
Texas Transportation Code § 545.062 specifically addresses tailgating. It instructs drivers to maintain a clear distance between their vehicle and the vehicle ahead of them.
Tailgating is responsible for the majority of rear-end accidents. The closer a driver is to the vehicle in front of them, the shorter time they have to react to changing conditions. Likewise, if a vehicle is tailgating, even a moment’s distraction can lead to a wreck. If a tailgater rear-ends you, a Seguin attorney may be able to get you compensation for your injuries.
While following too closely leads to the majority of rear-end wrecks, it is not the only cause. Drowsy driving, driving while intoxicated, driving under the influence of drugs, and distracted driving can all increase reaction time. Speeding can make it more difficult to react to any driver that may appear in front of another car.
Not all rear-end collisions are because of the following car, though showing that the other driver is at fault can be challenging. Cutting off another car and then hitting the brakes can lead to a rear-end wreck. Doing so is a reasonably common insurance scam because of the presumption that the following driver is responsible for rear-end accidents.
Sometimes, other factors can contribute to these wrecks. Bad weather, construction, vehicle defects, and dangerous road conditions can make rear-end collisions more likely. However, even with these extra factors, the driver is often liable in a Seguin rear-end accident.
Texas is not a no-fault state, so determining which party was responsible for the accident is vital to getting compensation. To do so, an attorney will use different types of evidence, including photos of the scene, witness reports, the police report, your testimony, any available video or photos of the accident, and more. In some cases, they may hire an accident reconstruction specialist to reconstruct the wreck.
An attorney does not have to prove the other party was entirely at fault to get compensation for an injured person. Texas is a modified comparative liability state. While no party who is 51 percent or more responsible for an accident can recover compensation from other parties, having a smaller portion of the responsibility does not bar someone from recovering after a fender bender car collision in Seguin.
Getting rear-ended can be more than an inconvenience — it can lead to severe injuries, a totaled vehicle, and more. If you believe another person was responsible for your injuries, you may be entitled to recovery. The best way to find out about your rights and potential remedies is to consult with a lawyer. An attorney who handles rear-end accidents in Seguin can discuss the facts of your case and advise you on your next steps.