Irving Rear-End Accident Lawyer
Rear-end car crashes are the most common type of auto accident in the United States. Many of these wrecks cause injuries, and an unfortunate number of them are fatal. Anyone who spends time on the road would benefit directly from not only knowing what to do if they get a rear-end collision but also how to avoid one in the first place.
If you have been involved in a tailgating wreck, a skilled car collision attorney could help you understand your legal options against the at-fault party. Consult with an Irving rear-end accident lawyer to learn more.
Causes of Rear-End Crashes
Tailgating or driving too close to another vehicle is one of the most common causes of rear-end collisions. Many drivers, when they get cut off, will tailgate as a way to express anger, otherwise called road rage. When someone lets their emotions get the best of them in these situations, the outcome can be dangerous. It is always best to be the bigger person, slow down, keep a safe distance, and safely merge into another lane.
Another issue in rear-end collision is blind spots. These areas of poor visibility can cause a driver to merge into a lane without seeing another car that is already there. When driving on the highway, it is always wise to assume that the other drivers are not being 100% cautious and to be cognizant of these drivers’ blind spots.
Is the Back Driver Always at Fault for a Rear-End Collision?
Generally, with a rear-end collision, the driver who has struck the car in front of them is at fault because they are legally required to keep a safe distance at all times. However, there are rare circumstances where the driver that has been struck may bear some responsibility.
For example, if the driver was not using a turn signal, had defective brake lights, or was not acting as a reasonable driver under the circumstances, they could be found partially at fault. An experienced Irving attorney could rely on their understanding of the local area and help determine fault in rear-impact collisions.
The Role of Contributory Negligence
If a driver contributes to the event in question, they may not be able to recover all of a claim against another driver. Under state law, as long as a driver is not more than 50 percent responsible for the crash, then they are eligible for recovery.
If a driver is less than 50 percent responsible for an accident, their potential damages will be reduced in accordance with their percentage of fault. In these cases, it is extremely important to work with a knowledgeable rear-end crash attorney in Irving who could push back against the assignment of fault and ensure that the other party is held responsible for their actions.
Establishing Liability in Tailgating Wrecks
Certain pieces of information can be highly useful in helping a lawyer demonstrate fault in an Irving rear-end accident. Witnesses, especially neutral third parties who do not know the other driver, can provide statements about what they saw. Witness statements can help establish how the negligent driver’s actions caused the collision. Pictures of the vehicles, positions of the impact in the general road, and weather conditions can also be powerful evidence. Dashcam video or video of neighboring homes or businesses that might have caught the crash can also be very useful.
After a collision, the police officer investigating their accident will usually make a determination as to the cause of the crash and issue a citation to the other driver who caused the accident. Police reports and officers’ opinions can be valuable, especially when they contradict a driver’s claim that they were not at fault.
If liability is hotly disputed, or the accident turned into a multi-vehicle wreck where there are catastrophic injuries and a large insurance policy available, then that accident reconstruction expert may be needed. These experts can use evidence such as the police report, pictures, damages to the vehicles, and witness statements to reenact the crash and determine who caused it.
Reach out to an Irving Rear-End Accident Attorney Today
After a rear-end collision, you might be unsure of what steps to take. Unfortunately, the other party’s insurer will often try to take advantage of you, claiming that you were responsible for the accident and offering unfair settlement amounts. A skilled attorney can deal with insurance companies for you, pursuing the maximum compensation amount and filing a lawsuit if necessary.
Let an Irving rear-end accident lawyer get to work for you. Call today to learn more.