Rear End Collision – Whiplash Car Crash Lawyer
Legal Representation for Victims of a Rear End Collision
Free Consultations • Available 24/7
A rear end collision is among the most common types of car crashes that occur on U.S. roadways. Rear end crashes happen when the front bumper of one vehicle strikes the back end of another vehicle. These collisions are also known as a fender bender and are common where the roads are congested. Rear end car crashes are known to cause serious injuries, including whiplash.
If you have been hurt in a rear-ender, our firm has the experience necessary to protect your rights and maximize the compensation you receive. Contact us today for a free consultation.
Eye-Opening Rear End Crash Statistics
- Between 2012 and 2014, almost half of all two-vehicle crashes were categorized as rear-end crashes
- 1,700 people were killed as a result of injuries sustained in the rear end crash each year between 2012 and 2014
- There are about 7M rear-end collisions on U.S. roadways every year
- 80 percent of deaths and injuries resulting from rear end collisions could have been prevented
Common Injuries Associated with Rear End Collisions
Whiplash occurs when the neck is forced to move beyond its normal range of motion. Straining the muscles and ligaments of the neck can result in soreness that lasts up to a few weeks. Whiplash that does not heal within a few weeks may be a sign of further damage to the neck or spine. Whiplash is the most common injury associated with auto accidents, it is estimated 83% of passengers injured in a collision suffer from some degree of whiplash. It’s estimated 4 out of every 1,000 people annually are treated for whiplash. Call our firm today to speak to a skilled whiplash car crash lawyer
Back injuries arise when the force of the crash exerts extraordinary pressure on the vertebrae resulting in soreness and even excruciating low back pain.
Hernias occur when the outer fiber surrounding a disk becomes torn. In serious cases, a person can experience severe back pain, numbness, tingling, and paralysis.
A brain injury is a less common type of rear end injury however, it can be extremely severe when one does occur. Permanent damage and even death are significant risks associated with a brain injury.
Broken bones have the potential to cause further complications such as injuries to the organs. Incorrectly fused bones can lead to lifelong limb deformity. If the bone heals correctly, the patient may continue to experience decreased functionality in that particular limb.
A concussion is a risk of a rear end crash because it is likely the driver’s and passengers head strike the dashboard or windshield. A concussion occurs when the brain strikes the skull and causes an injury. It is recommended family members watch head trauma victims for at least 24 hours after the wreck because concussions don’t always reveal themselves at the scene of a collision.
Seat Belt and Headrest Injuries
Seat belts have been known to cause injuries because when you are struck from behind, your seatbelt will immediately tighten. When this happens, there is a risk of the seatbelt cutting your skin and causing bruises and lacerations to the chest, neck, and torso. Studies have shown that the right front seat passenger faces a greater potential for injury than the driver in impacts up to 15 miles per hour. This happens because the driver can use the steering wheel to brace himself to some extent.
Headrests can significantly protect you in a rear end collision. It is important to make sure your headrest is set at the correct height. If the headrest is set too low, your head can roll over the top of the headrest causing even more hyperextension and more injury.
A quality rear bumper system should be designed to compress upon impact and absorb the force of a low impact crash. A lower quality bumper system is less absorbent and allows the brunt of the impact forces to be transferred to the occupants of the car. Car manufacturers are only required to design rear bumpers to handle a five-mile per hour rear collision. Unfortunately, many of today’s bumpers are designed more to protect the car rather than the occupants.
Seek Immediate Medical Treatment After a Fender Bender
Injuries sustained from rear end collisions are a great danger because, like whiplash, they are rarely immediately noticeable. Some of the injuries that come along with a rear-end crash can take days before the full extent of the injury’s symptoms is present.
Keep in mind that if you wait too long to seek medical attention, the insurance company will use that as fuel in an attempt to deny your claim.
Common Factors in Rear End Collisions
- Speed – If a person is driving too fast, it can be very difficult to stop in time.
- Tailgating – When a driver fails to keep a safe distance between his or her car and the vehicle in front, a rear end collision is more likely to occur due to the decreased reaction time.
- Driving under the influence – Driving while impaired by drugs or alcohol can result in rear end car accidents by reducing the impaired driver’s reactions and perception.
- Unsafe lane changes – Abrupt lane changes and cutting off other vehicles on the road are aggressive driving behaviors that may cause a rear end collision.
- Weather conditions – Roads can become extremely slippery due to rain, snow, ice, fog, and dust, which may also limit visibility. Inclement conditions require longer following distances to avoid rear end accidents.
Liability in Rear End Collisions
Texas is a comparative state which means that in order to win a claim against another driver, you would need to prove that they were negligent. To do so, you would show they were reckless or careless, and that led to the car crash.
In almost every circumstance, the driver that rear-ended a leading vehicle will almost always be considered at least partially negligent. This often happens because the at-fault driver might have been following the vehicle in front of them too closely, not paying attention to the road and was not able to apply the brakes before slamming into the back of the vehicle in front of them. Safe driving includes following others at a safe distance.
All drivers have a “legal duty of care” which entails safe driving not only for themselves but also for others sharing the roads by keeping their car working properly and avoid driving recklessly.
There are instances where a hazard on the road, may require you to slow down or come to a complete stop unexpectedly. If someone is following to close behind you, chances are they will end up slamming into your vehicle.
To prove that a driver’s negligence caused the collision, you must prove the other driver breached their duty of reasonable care in a number of ways including:
- Failing to pay attention to the road and look out for hazards
- Failing to stop within a reasonable time
- Failing to drive at a reasonable speed
- Failing to maintain control of the vehicle
- Failing to yield the right of way
- Failing to use turn signals
- Failing to follow at a safe distance
Besides proving that the other driver was at-fault four your rear end collision, you would also need to show you were not at fault and did not contribute to the crash.
Can More Than One Driver be at Fault for a Rear End Collision?
Texas is not an “all or nothing” state. This means more than one person can be found negligent in an auto collision. If it is found that more than one person contributed to the accident, then liability will be assigned to each in the form of a percentage.
If you have been assigned more than 50 percent, you will not recover anything. On the other hand, if your contribution was under 50 percent, you can only recover the percent that the other person was responsible for. For example, if your negligence was found to be 30 percent of the cause and the other driver’s negligence was 70 percent of the cause, out of 10,000 awarded, you would only recover $7,000.
It is possible for the driver of the car that gets rear-ended to be negligent as well. Some examples include:
- A driver reverses suddenly
- A driver stops suddenly to make a turn and fails to execute the turn
- A driver’s brake lights do not function
- A driver gets a flat tire and does not pull over and does not engage the vehicle’s hazard lights
If any of the above scenarios took place, the driver of the vehicle that got slammed into would likely be considered negligent. Depending on how much the driver’s negligence contributed to the car accident, would affect the legal impact.
Contact a Car Crash Whiplash Lawyer ASAP
It is hard enough to deal with your injuries and losses as it is, getting stuck with medical debt and financial hardship is the last thing a victim of a rear end collision wants. If you want to increase your chances of full medical recovery and minimize your out of pocket expenses as well as obtain compensation deserved, your next step should be to contact an experienced personal injury attorney.
Proving liability can be complex even if you have a police report stating the other party was at fault. You will need to hire an attorney who understands the law and can provide references, citations, and other sources of law that support your position.
Without an attorney guiding you through the process, you may not be aware of all your potential legal rights to recovery. In addition to medical bills, you may be able to recover for other damages such as lost wages, pain, suffering, and other losses.
Many cases settle out of court which means the other party’s insurance will most likely make you an offer. If you accept, you are giving up your right to sue. Having an attorney will give you the opportunity to understand the implications of accepting an offer. An attorney will help you evaluate whether settling is the best option in your case or not. Remember that insurance companies aim to keep costs down by persuading you to agree to the minimum settlement amount possible.
Not hiring an attorney may cause you to be faced with financial loss. If you don’t sue for the right damages and lose your case as a result of improperly presenting your information, you will not be able to pursue this lawsuit again. If this happens, you will have lost your chance for recovery, and you will be stuck with all the expenses as a result of someone else’s negligence.
Don’t Wait Until It’s Too Late
There is a statute of limitations to file an auto collision claim in Texas is two years. This means you must file your claim before the two-year deadline or you give up your right.
How The Carlson Law Firm Can Help
If you were the victim of a rear end collision and you’ve suffered an injury, including whiplash, you might be entitled to compensation for the medical bills, pain, suffering, and even future medical bills. At The Carlson Law Firm, we have a substantial amount of attorneys, nurses, and investigators who specialize in not only helping you physically but helping to prove negligence also. Our goal is to get you the best result possible. Hablamos tu idioma
Contact us today for a free, no-obligation consultation. We care, we can help.