Rear-end car accidents in Austin usually happen when drivers are texting, speeding, or tailgating. Unfortunately, these accidents are a major contributor to car accident injuries and deaths in the United States. Recently, the National Highway Traffic Safety Administration found that rear-end crashes make up over a quarter of all car accidents.
If you sustained injuries after being rear-ended by a negligent driver, you have the right to seek compensation from them. Our car accident attorneys at Fleming Law Accident & Injury Attorneys are ready to fight for you.
Texas Transportation Code § 545.062 requires a driver not to follow another vehicle more closely than is reasonable and prudent. This assured clear distance rule is based on the speed of the vehicles, traffic conditions, and highway conditions. A driver who fails to follow at a safe distance and causes a rear-end collision is likely to be found negligent.
Furthermore, under Texas Civil Practice and Remedies Code § 16.003, you generally have two years from the date of an Austin rear-end motor vehicle collision to file a personal injury lawsuit. If you do not file the lawsuit within this two-year period, you could permanently lose your right to demand justice.
After ensuring everyone is safe, call 911 to report the rear-end car crash and request that the Austin Police Department make a report. If you are able, document the scene by taking photos of vehicle damages, skid marks, and traffic signals. Collect the contact information of any witnesses who saw the accident occur.
Always seek medical attention for your injuries, even if they seem minor at first. Once you have attended to these tasks, contact a lawyer to learn about your legal rights and options. Your attorney can also help ensure that the insurance company treats you fairly.
While the driver who rear-ends another vehicle is often presumed to be at fault for the collision, this is not always the case in Austin. There are exceptions where the lead driver may be partially or completely to blame, such as if the lead driver makes a sudden and unnecessary stop without a valid reason, reverses unexpectedly, or is driving a vehicle with malfunctioning brake lights. In cases of shared liability, Texas uses a modified comparative fault rule, which can reduce your compensation based on your percentage of fault.
The value of a rear-impact vehicle collision claim in Austin depends on many factors, including the severity of your injuries and the financial losses you incur. You can demand compensation for:
Working with a dedicated lawyer is the best way to ensure all your potential damages are properly accounted for and pursued.
If you or your loved ones have been injured in rear-end car accidents in Austin, Fleming Law Accident & Injury Attorneys can help. Our law firm includes board-certified specialists, a designation held by only a small percentage of Texas attorneys who demonstrate the highest quality of legal services. For over 30 years, our firm has achieved significant multimillion-dollar victories for our personal injury clients, and we provide attentive service with direct access to your lawyer, not a paralegal or assistant.
Contact us now to set up a free case review, and speak to one of our attorneys today.
(713) 221-6800 