Houston Rear-End Accident Lawyer

Houston Rear-End Accident Attorney

Getting into a car accident can be a frustrating situation. Depending on the details of the accident, you could be dealing with a minor inconvenience, a horrific nightmare, or something in the middle. Regardless, you should retain experienced legal representation to help with the accident claim you may seek to file. A rear-end collision can be particularly frustrating, and a Houston rear-end accident lawyer can help you build a case.

What Is a Rear-End Accident?

A rear-end car accident occurs when a car driving behind you fails to hit the brakes in time and ends up crashing right into your car’s rear end. Despite what you might think about fault in such an accident, Texas largely operates under a modified comparative negligence system, which means that the driver who rear-ends your car may not automatically be found to be totally at fault.

Texas state law presumes the rear driver to be at fault prior to an investigation since they are supposed to maintain a safe following distance from the car ahead of them. Failure to maintain a distance of at least one car length can often result in a sudden rear-end collision. These accidents are not always minor fender benders. Depending on the speed that the rear car is going, you could suffer severe injuries as a result of such an accident.

Statute of Limitations

If you decide to pursue legal action against the driver who caused your accident, it is vital to your case’s survival that you adhere to the state of Texas’s statute of limitations for personal injury claims in Houston, including rear-end car accident claims. In general, the state gives you two years from the date of your initial accident to establish grounds for your claim, develop a strong case, consult with a lawyer, and file a claim.

If you cannot file your claim before two years have passed, there is a strong chance that your rear-end accident claim will be thrown out, your case will be dismissed, and your chance to pursue compensatory damages will pass by with no legal action taken. Building a strong car accident case can take a lot more time than you might think, so you should start sooner rather than later. A good lawyer can determine the strength of your case.

What to Do After a Rear-End Accident?

When you are in a car accident, the actions that you take in the immediate aftermath are going to affect your accident claim and will likely be included in the police report. It is important that you take the proper steps to protect yourself. Keeping a clear head and making informed decisions can make a big difference.

Here are some important steps you can take to keep your accident claim protected:

• Stay Calm: Getting suddenly rear-ended by a car is not a pleasant experience. You may feel scared, angry, and confused. Through it all, it is vital that you maintain a level head and try your hardest to stay calm. Otherwise, you could end up making the situation worse for everyone, including yourself.
• Check for Injuries: If the collision was hard enough, you may have been injured. Depending on the details of the accident, you may be in shock, which can briefly mask the pain you could have. You should start checking yourself for any injuries. Look for blood, bruising, painful spots, red areas, and anything that could be broken.If you are in pain but don’t seem to be injured, say something to the EMTs because it could be internal.
• Call 911: You should notify law enforcement and EMTs as soon as you can. Having police officers on the scene to take control of the situation can be enough to provide you with some assurance that things are being handled correctly.
• Exchange Information: You and the other driver should exchange contact and insurance information. Be sure to get their name, address, phone number, insurance carrier, and license plate number. Give them the same information. Throughout this exchange, never admit fault for the accident. Admitting fault can severely hurt your accident claim. Even apologizing can be considered admitting fault.
• See a Lawyer: When you have gathered enough evidence and notified your insurance carrier, you should reach out to an experienced car accident lawyer if you want to pursue legal action against the driver who hit you.

Houston Rear-End Accident FAQs

Q: How Much Does a Lawyer Get From a Car Accident Settlement in Houston?

A: There is no telling how much a lawyer might get from a car accident settlement in Houston. Every car accident case is going to be different, as each case has its own unique qualities that will influence a settlement amount. Certain factors like the severity of your injuries and the decision of the insurance company will play a factor. Your lawyer will receive the percentage you both agreed to prior to hiring them.

Q: What Is the Law on Rear-End Collisions in Houston?

A: The law on rear-end collisions in Houston is largely built around a system of modified comparative negligence. This does not guarantee that the driver who hit the back of your car will be found entirely responsible. An insurance adjuster will investigate the details of the case and determine the amount of fault that both drivers could be responsible for.

Q: How Much Can Someone Pursue in Compensation for a Car Accident in Houston?

A: There is no maximum amount of money that someone can pursue for compensation in a car accident in Texas. The state of Texas allows you to seek compensation for the full amount that you feel you have been dealt in damages. Punitive damages may be capped in certain cases, but the amount you are seeking in medical expenses, property damages, and other personal damages has no cap.

Q: How Do I File a Car Accident Claim in Houston?

A: To file a car accident claim in Houston, it is recommended that you speak with a car accident lawyer who can help ensure your case is strong enough and worth pursuing. A lawyer can also help you meet the filing deadlines. You will have two years to file a claim with the appropriate Texas court. Your lawyer can advise you on the most effective way to do that.

Contact Us Today

The legal team at Merritt & Merritt Law Firm can help you build a strong case for your rear-end accident. Reach out to our team today to schedule a consultation.