When a vehicle strikes another automobile from behind, it can inflict severe injuries, even at relatively low speeds. In most cases, occupants in the front vehicle are caught off guard and do not have time to brace for the sudden impact. As a result, victims usually suffer from injuries affecting the neck and spine when their heads abruptly and rapidly move forward and backward. More often than not, rear-end accidents occur when distracted, impaired, or tailgating drivers fail to stop in time and crash into the vehicle in front of their vehicle.
If you think another driver was at fault for your accident, a San Antonio rear-end collisions lawyer could help you investigate to determine what happened, and find out if you have a valid case. You might be entitled to compensation for your losses from those that caused you harm. Reach out to Ben Crump Law, PLLC, today at (800) 598-7557, to discuss your legal options.
Eligibility for Compensation in a San Antonio Rear-End Collision
It is a common assumption that the tailing driver is to blame and will be the one liable for damages every time there is a rear-end accident. However, this is not always true because the law does not automatically assign fault in a San Antonio rear-end collision. For you to collect compensation, you must prove that the other driver engaged in negligent behavior. This can involve showing a traffic violation or proving that the other car was going too fast. You could even bring forth witnesses to support your claim of being rear-ended.
For a free legal consultation with a rear-end collisions lawyer serving San Antonio, call 800-959-1444
Determining Fault After an Accident
A jury in a San Antonio court looks at all drivers’ actions when assigning responsibility for a rear-end crash. The lead driver can bear some or all of the fault, depending on the evidence. Under Texas law, the court must ascertain whether a driver has been careless or reckless. Even if you feel confident that you did not do anything wrong, the other parties may claim otherwise. To protect your right to restitution, consider getting in touch with an attorney at the beginning of your legal process.
Be aware that third parties may also be at fault for your injuries and other losses. Other liable parties can include the manufacturer of a defective vehicle part, a negligent mechanic, and the negligent employer of the other driver who was working at the time of the collision. In the case of a chain reaction, wherein a driver rear-ended you because another driver rear-ended them, it could help to consult with a San Antonio rear-end collisions lawyer to determine who should be held legally responsible.
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Your Compensation Is Subject to Comparative Negligence Laws
Texas is a comparative negligence state, as outlined in Texas Civil Practice and Remedies Code §33.001. This means that the law allows drivers to pursue damages, even if they partially contributed to the car accident. However, the percent of the fault should not be more than 50 percent; otherwise, the driver will be ineligible to receive compensation. If you are, to some extent, responsible for your injuries, you could receive a reduced award.
For instance, if the jury finds you 30 percent accountable for your accident, you will only take home $70,000 if your total compensation award is $100,000. You might want to work with a San Antonio rear-end collisions lawyer who will help you seek an award.
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Options for Receiving Compensation After an Auto Accident
Although you might feel fine after a car wreck, delayed injuries may creep up on you in the days following the incident. Seemingly minor traumas could turn out to be more serious conditions like internal bleeding, whiplash, or neck or spine damage. If negligent actions led to your injuries, it might be your right to secure fair compensation to finance your present and future medical needs, disability, lost wages, lost earning capacity, and other related expenses.
You could recover compensation through your insurance policy in San Antonio, a claim against the other driver’s insurance company, or an injury lawsuit. A car accident attorney could be able to guide you when deciding on the most suitable method for your circumstances. The value of the compensation depends on the extent of your injuries, their impact on your life, and future medical needs.
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Recovery through an Insurance Claim
Normally, you start your recovery process by informing the insurance company of the at-fault motorist. While it is possible to have a simple claim, you must be prepared for any complication you might encounter. Aside from the chance that the other driver would hold you liable for the accident, their insurer might deny you a settlement. Moreover, you might find it challenging to prove serious injuries that justify the settlement for which you are asking.
When such obstacles hinder you on your path to justice, get in touch with Ben Crump Law, PLLC. Reach out to set up an appointment with a San Antonio rear-end collisions lawyer who might be able to help you negotiate a settlement and fight for your rights in court.
Laws You Should Take into Consideration
Once you decide to take legal action, be aware that you normally have only two years from your accident to file a suit. Texas Civil Practice and Remedies Code §16.003, which outlines the statute of limitations in Texas, will prevent you from bringing your case to court if you do not follow the legal deadline. The time limit can be shorter when your claim involves a public entity, so keep this in mind to ensure you get your suit filed on time.
We Want to Help You
Ben Crump Law, PLLC, understands the plight of victims of rear-end collisions. As such, we work diligently to handle your case efficiently and with the least amount of hassle. Call our office today at (800) 598-7557 to schedule a no-obligation meeting with a San Antonio rear-end collisions lawyer who is ready to stand by you through whatever legal challenges you may face.
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