The Gutierrez Law Firm represents victims of car accidents throughout Houston. You can be injured in one of the many different types of accidents there are, and one of the most common is a rear-end accident. If you or a loved one has been injured in a rear-end accident, contact us today for a free consultation.
Should You Hire a Lawyer After a Rear-End Accident?
Each car accident is unique, including rear-end collisions. They can range from minor fender-benders to severe crashes that cause serious injuries, especially to passengers in the backseat. Whether or not you should hire a lawyer depends on how badly you’re hurt and how complicated your case is. For more serious rear-end accidents, it’s crucial to consult with our team.
With extensive experience in dealing with rear-end accidents, we approach each case with a proven strategy that includes investigating the accident, gathering and presenting evidence, preparing a demand for the insurance company, and guiding you to a fair settlement. If we can’t get a fair settlement from the insurance company, we’ll file a lawsuit and may go to trial.
Throughout the process, we prioritize open communication and provide honest assessments, meaning you’re supported every step of the way.
What Damages Can You Recover in an Injury Claim?
When filing a claim for damages from a rear-end accident, you have two options: filing an insurance claim or a lawsuit. An insurance claim is faster but depends on the insurance company, which aims to pay as little as possible. A lawsuit, on the other hand, lets a judge and jury hear your case, but it takes more time and effort.
The goal of filing an injury claim is again to recover “damages” from whoever’s responsible. Your damages are going to be specific to your accident, but you can potentially recover the following with a strong claim:
- Medical expenses – These cover doctor visits, surgery, hospitalization, medications, and other related expenses. It can also include future treatment costs.
- Vehicle repair or replacement (Property damage) – These damages pay for fixing or replacing your damaged car, as well as other belongings.
- Lost income – These damages for any income you miss out on due to the accident. If you’re permanently injured or unable to work, you can get considerations for this loss of earning potential.
- Pain and suffering – These damages are related to physical and mental pain caused by the accident.
- Emotional damages – Similarly, you can recover damages related to the stress, anxiety, or trauma resulting from the accident.
- Loss of quality of life – These cover the decline in your ability to enjoy daily activities and your overall life due to the accident. This could include loss of mobility, inability to participate in hobbies, and the overall impact on your mental well-being.
- Wrongful death expenses – If a loved one dies due to the accident, these expenses cover funeral and burial costs, loss of companionship, loss of future income, and emotional distress suffered by the family.
Two important aspects of any injury claim are filing on time and making sure you have a strong claim. Currently in Texas, the “statute of limitations” on an injury claim is two years from the accident date to file a claim. Missing this deadline means you can’t file a claim and recover damages. Also, your recovery is reduced by the percentage of fault you share in the accident, making how you respond after the accident all the more crucial.
How Can You Protect Your Injury Claim?
The aftermath of a rear-end accident can be frightening and often involves serious injuries. Despite the challenges, it’s crucial to gather the necessary information and evidence to support your claim. Here are the steps you should take:
- Get to safety – Move to a safe area away from traffic, if possible, and call 911 for an ambulance. Even if you feel fine, get checked by EMTs at the scene. They can provide necessary treatment or take you to the hospital.
- Call the police – Contact local law enforcement to make an official record of the accident and gather information. This could be the Houston Police Department or the county sheriff’s office.
- Collect evidence and information – If possible, gather evidence immediately. Take photos of the scene, focusing on your car’s damage, involved vehicles, and visible injuries. Get contact information from any witnesses.
- Go to a doctor – After the initial check, see a doctor for additional medical help. Follow their treatment advice and go to all of your follow-up appointments.
- Keep records – Maintain detailed records of everything related to the accident, including medical visits, insurance communications, and expenses. This documentation will be crucial for filing claims and showing damages.
Following these steps will protect and strengthen your claim by showing your commitment to recovery and proper handling of the situation. With that said, once you decide to take legal action, you’re going to need to know who you’ll be filing against.
Who Do You File a Rear-End Accident Claim Against?
In a legal claim, the first step is identifying who is responsible (and thus legally responsible) for the accident. Liability is so important because it tells you who you’ll be filing your claim against, and must pay for your injuries and damages. To prove liability, you need to demonstrate negligence, which means showing:
- A duty of care to drive safely
- A breach of that duty
- The breach causing the accident
- The accident directly leading to your injuries or damages
Once these elements are proven, the responsible party becomes clearer. Given the nature of a rear-end accident, the driver that collides with you is going to carry most of the liability, meaning you’ll file against them. But it’s not always that straightforward, and numerous other parties could share some liability, including:
- Other drivers
- Bicyclists or motorcyclists
- Pedestrians or passengers
- Vehicle owners
- Car or part manufacturers
- Government agencies
- Employers
- Repair shops
Again, who’s liable is going to depend on the circumstances and what happened. While more liable parties makes things more complicated, it also allows you a chance at higher damages.
What Leads to Rear-End Accidents in Houston?
Houston, unfortunately, isn’t immune to things that lead to rear-end accidents. Bumper-to-bumper traffic and confusing layouts are plentiful, either along I-45 or the 610 Loop. But there’s a variety of conditions that lead to these accidents, like:
- Tailgating – Following too closely behind another vehicle, leading to collisions if the lead vehicle stops suddenly.
- Distracted driving – Drivers not paying attention to the road due to phones, food, or passengers.
- Driving under the influence – Impaired driving due to drugs or alcohol, reducing reaction times and increasing the likelihood of accidents.
- Speeding – Driving too fast, making it hard to stop suddenly and avoid collisions.
- Poor visibility – Weather conditions like fog, rain, sun glare, or darkness making it difficult to see and stop in time.
- Vehicle malfunctioning – Faulty brakes or other issues preventing vehicles from stopping in time.
- Road conditions – Potholes, debris, or uneven pavement making it hard for drivers to stop or avoid obstacles.
Given that there’s many different causes of these accidents, it’s easy to see how important the legal process is to your recovery. With our experience and resources, you can rest assured that you’ll have what you need for a successful claim.
Free Consultations for Houston Rear-End Car Accident Victims
Rear-end car accidents are always distressing, and usually leave you and your family facing physical and financial challenges. If you’ve been injured in such an accident, the dedicated team at The Gutierrez Law Firm is ready to guide you through the legal process. We will stand up for your rights and provide reliable legal support. Contact us today to schedule your free consultation to get the process started.