Rear-End Car Accident Attorney in Wichita Falls
Rear-end car accidents are some of the most common accidents in Wichita Falls. These types of accidents occur in a number of different circumstances and could involve a collision between cars, trucks, SUVs, or motorcycles. Rear-end accidents occur when one vehicle is hit in the rear by another vehicle that was following behind it.
Who is At Fault in Rear-End Accidents in Texas and Oklahoma?
Most of the time, the driver who crashed into the rear end of the front vehicle is considered to be the at-fault driver in both Texas and Oklahoma. This is because both states believe drivers should follow at a safe distance in order to be able to have adequate time to stop should the driver in the front suddenly stop or slow down. A rear-end collision is based on the assumption that the second driver was following too closely behind the lead car not allowing for adequate time to stop, or that they were distracted and did not see the vehicle in front of them.
Are You Automatically Considered at Fault if You Rear-End Someone in Texas and Oklahoma?
This is not always the case, however, and you are not automatically at fault for rear-ending someone in Texas and Oklahoma. These types of disputes may result in a lawsuit, but a jury could find the lead driver either partially or totally responsible for causing the wreck whenever there is evidence that the lead driver did something or acted in a way that an ordinarily prudent person would not such as cutting someone off or suddenly and abruptly slamming on their brakes when it was unsafe to do so.
If you have suffered injuries from a rear-end accident or any other type of car wreck, or you know someone else who has, please contact our Wichita Falls car wreck law firm by calling 940-569-4000 or by filling out our contact form to set up a free, confidential, no-obligation consultation. We will be happy to answer your questions, give you a free evaluation, and help you in any way we can.
Top Reasons for Rear-end Accidents in Texas and Oklahoma
Below are some of the main causes of rear-end collisions:
- Tailgating: Tailgating occurs when the rear driver is following too closely behind the lead driver, not allowing for enough time to stop if needed. Drivers in Wichita Falls, and throughout Texas and Oklahoma, are encourages to practice the three-second rule, a rule maintaining that there should be a three-second gap in between two vehicles at all times. You can test this rule by picking out a certain road marker like a signpost and begin counting as soon as the car in front of you passes it and stop counting as soon as you pass it. If you got to the marker before you counted to three, you are probably traveling too close to the car in front of you.
- Dangerous or erratic lane changes: Rear-end accidents can also occur when vehicles cut in front of other vehicles abruptly not leaving enough space between both cars, leaving little or no time for the other drive to brake and avoid a rear-end collision.
- Sudden or abrupt stops: Another common cause of rear-end accidents is when the lead driver suddenly stops to avoid an object that has fallen into the road. This is why it is important to maintain a safe distance apart. If you aren’t following too closely, you may have time to avoid this type of collision.
- Driving under the influence of alcohol or other drugs: Driving while under the influence inhibits the driver’s senses and significantly slows down the driver’s reaction time, which can lead to a rear-end collision with the vehicle in front of them.
- Distracted driving: As our attention spans shorten and the number of possible distractions grows, distracted driving is becoming an increasingly common problem. Texting or talking while driving, using social media, taking photos or videos, disciplining kids, picking up dropped objects, or eating are some of the things that can distract you, taking your focus off of driving, and result in a rear-end accident.
- Automobile defects or maintenance failure: Faulty brakes is a common issue that often leads to rear-end accidents.
Common Injuries from Rear-end Accidents in Texas and Oklahoma
Here are some of the common injuries suffered in rear-end accidents:
- Whiplash: The sudden impact can force your head into a back-and-forth motion causing chronic stress of the cervical spine also known as whiplash.
- Neck, spine and back injuries: As mentioned above, the back-and-forth motion from rear-end accidents can cause strain in your ligaments and muscle in your neck and back. Additionally, these types of impacts can cause your spine to compress and cause a herniated disc as well fractures and other serious injuries.
- Burns and lacerations from airbags: Airbags are in place for our safety, but when they deploy, they can leave burns and lacerations from the force of its deployment.
- Broken bones: Rear-end accidents often result in bone fractures, including broken ribs, arms, leg, and collarbones. Additionally, shoulder injuries are common in these accidents.
- Knee injuries: The force from getting hit from behind often results in knee injuries when victims are thrown forward and their knees fly into the dashboard.
- Brain injuries: The victims of a rear-end accidents can suffer a brain injury with or without losing consciousness. Head injuries are common in rear-end collisions because the victims is often thrust forward hitting their head on the dashboard or steering wheel.
Who is At Fault for a Rear End Accident in Wichita Falls
In Texas and Oklahoma, any driver can be negligent in a car accident. What is important is if they used a reasonable level of care. Safe and aware drivers will anticipate certain hazards by maintaining a safe distance, they will have adequate time to stop or slow down in order to avoid a collision with the vehicle in front of them. Often times, the rear driver is considered the one most at fault, but that is not always the case. There are a number of instances where the lead driver may be considered more at fault, or at least partially responsible, such as if they reverse suddenly, suddenly stop to turn without actually turning, or do not have functioning brake lights.
If you were injured in a rear-end accident and were not the cause, you should file a claim with the other person’s insurance. To do this, you will need to gather a bit of information after the crash, including the other person’s name, their contact information, and their insurance information. If the other insurance company disputes fault or if you are finding it hard to settle the claim, it may be necessary to file a lawsuit against the party at fault.
Should I Hire a Lawyer After a Wichita Falls Rear-End Car Accident?
After a rear-end accident, you may be wondering if you need to hire a personal injury lawyer. It may be a surprise to you that you do not necessarily need a lawyer for every car accident claim. However, it is recommended that you are least speak with an attorney to understand your rights and your legal options before you speak with an adjuster and certainly before you make any statement or sign any forms. Please do not give the other person’s insurance company any signed authorizations and do not give them a recorded statement, even though they will be bugging you for one. Anything you say to an insurance adjuster will be used against you to downplay and minimize your claim. Before you speak to any adjusters, familiarize yourself with their tactics and how the process will play out with our article on how to deal with insurance companies.
There are many aspects of your claim that you need to prove to succeed in an accident and injury lawsuit, including both who is at fault and how the other person’s actions or their negligence caused your injuries. There are a number of benefits that come with hiring an experienced car accident lawyer for your Wichita Falls rear-end car accident. We can conduct a full and thorough investigation, obtain witness statements, deal with the insurance adjusters, gather all necessary evidence to support your claim, and if necessary, file a lawsuit and navigate the court system.
Damages for Wichita Falls Rear-End Accidents
In addition to your medical bills, here are some other types of damages that may be available to you in your car accident:
- Future medical expenses
- Permanent disfigurement
- Pain and suffering
- Loss of wages
- Loss of earning capacity
The at fault driver’s insurance company is not your friend and they are not there to help you. Our Wichita Falls car accident attorney can make sure you are treated respectfully and fairly and help you avoid some common errors that can wreck your claim.
Contact Our Wichita Falls Car Accident Attorney
If you or a loved one has been involved in a rear-end car accident in Wichita Falls, anywhere in Texas, or in Oklahoma, please do not hesitate to get in touch with our Wichita Falls car accident attorney. Our personal injury law firm is dedicated to helping people who have been injured in auto accidents get the compensation they deserve.
If you have any questions about rear-end accidents, or any other type of car accident, please contact our Wichita Falls car accident attorney by calling 940-569-4000 or using our contact form to set up a free, confidential, no-obligation consultation. We will be happy to answer any of your questions, give you a free evaluation, and help any way we can.
You may also want to download a free copy of our book, The Traveler’s Guide to the Universe of Personal Injury. This book is packed with information to help you navigate your personal injury claim, including the tactics the insurance companies use and the things to avoid. Whatever you decide, take action today to learn about and protect your legal rights.