While you cannot avoid becoming involved in some vehicle accidents, the overwhelming majority are not unavoidable. Every year in Fort Worth, numerous rear-end collisions happen on the roadways, with many ending in severe injuries. This fact should not come as a surprise since this type of auto accident usually takes its victims by surprise without giving them the chance to brace for impact. The aftermath can be devastating, resulting in considerable medical expenses, property damage, and even death.
If you or your loved one wants to know whether you have a case and what legal options you might have after suffering injuries in a car crash, you can speak to a Fort Worth rear-end collisions lawyer. Having legal representation could help you find a viable solution for your situation. Call Ben Crump Law, PLLC, today at (844) 730-0233 to schedule your free case review with a team member.
Determining Fault in a Rear-End Collision
Rear-end crashes can result in painful injuries that force you to make significant adjustments in your life. After your accident, it is crucial to understand your rights, especially regarding pursuing damages. When drivers get behind the wheel, they take on a duty of care that requires them to follow traffic laws and operate their vehicles to prevent other motorists from getting hurt.
If a mishap occurs because someone fails to uphold this duty, that person is typically at fault for an accident and assumes liability for a victim’s injuries. Negligent actions such as distracted driving, speeding, or following the car in front too closely often make rear drivers responsible for collisions.
However, a motorist in the following position will not always be at fault in a rear-end crash. In Texas, a court can find the driver of the front vehicle at fault—or both or neither of the drivers. Some examples that could make the front car at fault for a collision include:
- Abruptly and unsafely changing lanes.
- Carelessly pulling out of a parking lot.
- Suddenly reversing or backing up.
When determining who was at fault, the court will study several factors like weather conditions during the accident, speed of the vehicles, the influence of alcohol or drugs, and other reckless actions. A Fort Worth rear-end collisions lawyer can offer the assistance of someone who can collect evidence such as witness statements, photos of the scene, and accident reconstruction models that will ultimately prove fault.
For a free legal consultation with a rear-end collisions accidents lawyer serving Fort Worth, call (844) 730-0233
State Laws Govern Accident Cases in Texas
Following a car crash, you must become familiar with the laws that could potentially impact your case. Here are some critical legal codes in Texas that can affect car accident claims.
Comparative Fault
Texas Civil Practice and Remedies Code § 33.001 establishes a proportionate responsibility or modified comparative fault rule for determining awards. Texas drivers have financial responsibility for an accident when their percentage of fault exceeds 50 percent, allowing victims to sue or collect damages from at-fault drivers or insurance companies. However, the court will reduce the damages it awards you by your percentage of fault in the accident. For instance, if a jury awarded you $10,000 in damages but also found you 30 percent responsible for the collision, you would only collect $7,000.
Liability Insurance
The Texas Department of Insurance (TDI) outlines the liability insurance that drivers must carry, covering injuries and other damages they might cause other drivers. This kind of insurance would not cover damage to your vehicle or your injuries if you caused the accident. If you cannot show proof of insurance when asked to do so, you will likely pay significant fines.
The minimum requirements for liability insurance coverage in Texas are as follows:
- $30,000 per injured person
- $60,000 for injuries per accident
- $25,000 for property damage per accident
Keep in mind that if you cause an accident, you might have to pay personally for any damages that exceed your coverage.
Statute of Limitations
You have a limited time to file a lawsuit if you suffered severe injuries in a rear-end collision. Texas Civil Practice and Remedies Code § 16.003 gives you two years from the date of your accident to take legal action. Otherwise, the court will likely bar you permanently from filing a claim, unless exceptions apply to your case.
If you believe you qualify to file a lawsuit after a car accident, consider seeking the counsel of a Fort Worth rear-end collisions lawyer. Complications may arise in your case, and it is best to have someone on your side who can deal with complex laws and make sure you file a valid claim in time. Call the team at Ben Crump Law, PLLC, today to discuss your concerns during a free case evaluation.
Fort Worth Rear-End Collisions Accident Lawyer Near Me (844) 730-0233
Steps to Take Following Your Accident
After receiving appropriate medical care for your injuries, try to gather vital evidence about your accident as soon as possible. Obtain a copy of the police report and check if the information is accurate. It would also help to collect witness statements, repair bills, and medical bills.
A successful claim depends mainly on proving the liability of the other party, and the quality of evidence you have can strengthen your case. The court could award compensation for damages that can help your recovery, such as lost wages, medical expenses, diminished earning capacity, pain and suffering, property damage, and future healthcare costs.
It can be challenging to bear the burden of proving your case alone as you also try to recuperate from your injuries. You might benefit from the support of a Fort Worth car accident lawyer who can gather evidence for you, investigate the specifics of your case, and negotiate on your behalf with insurance adjusters and the at-fault party’s attorney to fight for the compensation you deserve.
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You Deserve a Legal Team That Puts You First
Dealing with negligent drivers and insurance companies can take a toll on your well-being, which is the last thing you need after a distressing car accident. Let a Fort Worth rear-end collisions lawyer at Ben Crump Law, PLLC, protect your rights and handle your unique legal situation while you focus on your recovery. Get in touch with us today at (844) 730-0233 to receive a free case review with a team member.
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