Austin Rear-End Accident Lawyer
Automobile Collisions Are Traumatizing
An Austin Rear-End Accident Lawyer Can Help You Move Forward
All automobile accidents are upsetting, but rear-end collisions can be particularly frightening. Those in a car that is hit from behind don’t always see the impact coming; the shock is considerable.
Additionally, rear-end collisions can range from minor bumps that cause little or no damage or injury to major crashes that lead to serious harm. And when expensive repairs or significant personal injuries result, disputes about who was to blame for the collision can end up being settled in courtrooms.
If you or a loved one is a victim of a rear-end collision, it is in your best interests to contact a rear-end accident attorney as soon as possible. Unfortunately, rear-end collisions have been linked to organized crime and insurance fraud, so qualified legal assistance is critical. Additionally, the legal process regarding car accidents, the damage they cause, personal injury, and insurance can be incredibly complicated.
If you’ve been injured in a rear-end collision, call us today at (512) 732-2727 to schedule a consultation.
Car Accidents Can Be Devastating
Unfortunately, car accidents occur quite frequently. In fact, in the United States, individuals are involved in approximately six million crashes each year.
Staged Accident Scams in Austin
Staged accident scams are frightening and can be fatal. Many drivers are caught off-guard by incidents in which a group of cars forces them into a rear-end crash. According to the National Insurance Crime Bureau, Houston is one city known for this type of orchestrated fraud, which often involves career criminals.
Typically, a group traveling in separate cars will identify a target on the highway – often a brand new or expensive car, a commercial vehicle, or a family vehicle carrying children as passengers. These criminals are looking for vehicles that are likely to have good insurance policies.
The cars will surround an unsuspecting driver, and a party to the scam will swerve in front of the target vehicle and brake suddenly, causing a car crash. Usually, that car will have multiple occupants, all of whom will allege injuries and attempt to collect a payout from the victim’s insurance.
Sadly, these fraudulent acts can be deadly. In 1997, a husband and wife and their two-year-old child were killed in a crash staged by insurance scammers. In some staged accident rings, investigators have found that health care providers and attorneys were involved; they supported the criminals’ false claims of injuries.
If you believe you’ve been the victim of a staged crash, know that you can count on us to protect your rights and work diligently to uncover the truth about what happened. Don’t wait to get help. Call us today at (512) 732-2727.
Causes of Rear-End Crashes in Texas
In many rear-end crashes, the driver of the rear car simply failed to pay attention. A driver who is preoccupied or daydreaming may not recognize that a car ahead is stopped until it’s too late to avoid a crash.
Other risk factors for a rear-end crash include:
- Following too closely
- Failing to account for slick roads
- Drug or alcohol impairment.
A car that has malfunctioning or non-working brake lights and taillights may also be at risk of being hit from behind.
Injuries in Austin Rear-End Crashes
Injuries in rear-end crashes are commonplace. Whiplash, a painful injury, is one that’s found almost exclusively in victims of rear-end collisions. The occupants in the foremost car, when hit with enough force, are jarred and their spines absorb a lot of that impact as energy travels through up the spine, causing a snapping motion in the neck. This motion can injure muscles, ligaments, and tendons, and it can even result in mild brain injury, from the force of the brain moving inside the skull.
People suffering from whiplash may not at first realize the severity of their symptoms. The frightening experience of being in a crash releases adrenaline, which can mask the symptoms of the injury.
Early documentation of your injuries can help support your case if you’re seeking compensation from the other parties involved.
Rear-End Settlements in Austin
If you are the victim of a rear-end accident in Austin, you are likely wondering what type of damages you may be entitled to receive. Texas personal injury law provides you the opportunity to recover economic, non-economic, and punitive damages.
Economic damages are those which are easily calculated. They include medical bills (i.e., doctors’ visits, medication, hospital, emergency transport, rehabilitation, wheelchairs/crutches), future medical costs, lost earnings, lost future earnings, and vehicle repair/replacement, among other costs.
On the other hand, non-economic damages are more difficult to assign a specific dollar value to — but they can be significant. These include compensation for permanent disability/disfigurement, emotional distress, loss of companionship, and pain and suffering.
Last, Texas Law allows for the award of punitive damages in some cases. These awards are not designed as compensation, but rather as a punishment to the guilty party. They are designed to deter future behaviors and are only awarded when the defendant’s actions were especially malicious.
As a rear-end accident victim, you are likely aware that medical care and the repair/replacement of your vehicle can be incredibly costly. An Evans & Herlihy car accident lawyer can help to determine the total costs associated with your accident and ensure that your lawsuit is comprehensive in its request.
Frequently Asked Questions Regarding Car Accidents and Rear-End Crashes
Rear-End Accident Lawyers in Austin Address Your Concerns
It’s not uncommon for those who have been involved in car accidents, including rear-end crashes, to have a host of questions. The time after incidents of this type is incredibly stressful. The combination of recovering from injury, arranging for repairs, and managing insurance claims is confusing. Below, our rear-end accident attorney provides answers to some of the most often asked questions.
Yes, you do — for a variety of reasons. First, just because you were rear-ended does not necessarily mean you were not at fault. There are situations where the car that was hit is found to be at fault, or partially at fault, for a rear-end accident. This includes when brake lights don’t function correctly, when the driver brakes suddenly for no reason, or if the driver put the car in reverse with no warning.
Additionally, you are going to have to prove everything. In Texas, the burden of proof lies with the plaintiff in personal injury cases. Thus, you will be responsible for not only proving fault but also negligence. And you must be able to show that the injuries for which you received treatment were the result of being rear-ended.
Finally, negotiating with the insurance companies is going to be a time-consuming process; the insurance company is not going to take care of you. A skilled car accident lawyer can manage the entire process for you, helping to prove fault and negligence as well as negotiate and litigate on your behalf. Do not go about this alone. Leverage the knowledge and skills of a true professional.
In general, you must file your case within two years in order to abide by the state’s Statute of Limitations. In most instances, if you wait beyond this time period, you will not be able to sue. However, exceptions do exist. Talk to your car accident lawyer about your case to confirm the time frame you have to work within.
It’s common that two or more parties all contributed to an accident. What you can receive regarding a settlement depends upon the circumstances and how much of the accident can be blamed on you. You see, fault is critical when it comes to settlements, and quite often accidents are not solely one person’s doing.
Texas observes proportionate responsibility when determining who is at fault for a collision. That means that a driver who rear-ends another driver may not be found 100 percent at fault. A party in a case who is found more than 50 percent at fault, however, is barred from collecting any damages.
Texas has what’s known as a Sudden Emergency Doctrine, which is often cited as a defense in rear-end collision cases. The doctrine means that a driver made a decision that outside of an emergency would not have been a prudent action and that the emergency was not foreseeable. For example, if a driver is following another car at a safe distance, and his brakes fail when he tries to stop, he may be unable to do anything but turn off the engine and hit the car in front of him.
Sometimes, a court finds that a party has no grounds to claim application of the emergency doctrine. Usually, that’s because there are many conditions and activities that drivers are assumed to know can lead to a crash – such as driving at high speeds when standing water is on the road. A driver who loses control of his car and hydroplanes, causing a crash, likely will be unable to convince the court that a true emergency preceded that event.
The exact amount of your settlement will depend upon a number things, including, but not limited to:
- Past and Future Medical expenses
- Property Damage
- Lost Pay
- Pain and Suffering.
An experienced rear-end accident lawyer can provide you with an estimate of what you can expect to receive once they understand the specifics of your case.
Clearly, this list of questions is not comprehensive, and if you have been rear-ended in an accident you likely have many more. Reach out to our rear-end accident lawyer today at (512) 732-2727 to schedule your free consultation.
The Value of Engaging Experienced Rear-End Accident Attorneys in Austin
The Evans & Herlihy Law Firm Makes Your Life Easier
Recovering from a rear-end accident is both physically and emotionally exhausting. Injuries are painful and often require considerable medical attention, and the recovery can be time consuming. You may not be able to return to work immediately or, in cases of severe injury, perhaps not at all. The cost of medical attention, repairs to your property and the possibility of the accident’s impacting your future are all considerable. If the accident was caused by the negligence of another, you may be entitled to compensation.
When you work with us, we handle everything from gathering evidence to negotiating with insurance companies to representing you in court (should it be necessary). We handle all administrative and legal tasks leaving you to focus on your recovery. Your health and well-being deserve 100% of your energy.
Contact Us Today
The Evans & Herlihy Law Firm has successfully represented people and families injured in rear-end collisions, helping them achieve the best possible outcome. We know Texas law and are experienced in managing cases in the Austin court system.
Give us the opportunity to leverage our knowledge and experience for you. When we take on a case, we adopt our client’s goals. In effect, their goals become our goals. We will work tirelessly on your behalf to get you the settlement you need and deserve. We fight to protect your future. Contact us today for your no-obligation consultation, either through our online form or by phone at (512) 732-2727.