Rear-end collisions are all too common. They can happen for many reasons, including speeding, texting behind the wheel, drunk driving, or defective brakes. Depending on the force of the rear-ending, they may result in significant injuries, particularly to the driver whose vehicle was struck. Unfortunately, if you are the victim of a rear-end collision in Texas, an insurer for the at-fault driver may look for ways in which you, rather than its insured party, were at fault. Unlike other states, there is no law here that makes the striking vehicle in the rear automatically at fault. At Feizy Law Office, our car accident attorneys have experience helping victims in the Dallas area hold accountable those who were responsible for causing their harm.Hold Negligent Drivers Liable for Your Injuries
In some states, there is a rebuttable presumption that if one driver rear-ends another, the vehicle that strikes from the rear is at fault. This is not the case in Texas. Often the rear car is at fault, but there are occasions when an aggressive driver cuts into a lane with insufficient room and is rear-ended by the car behind him or her.
Most motor vehicle accident cases require an injured person to prove the negligence of another driver. A victim will have to establish four main elements by a preponderance of the evidence, which means that they are more likely than not to be true. In addition to the defendant’s duty to use reasonable care and a breach of that duty, it is necessary to show actual and proximate causation and actual damages.
The first element, duty of care, is a question of law, and in most cases it is easily established because all drivers owe an obligation to others on the road to drive safely under the conditions. They are expected not to violate traffic rules and to adapt their behavior to particularly hazardous settings like bad weather or construction. Moreover, under Texas Transportation Code section 545.062, drivers following another vehicle must maintain a clear distance between the two vehicles so that the following driver can safely stop without crashing into the vehicle in front of it or veering into another vehicle on or near the highway.
The failure to follow this rule can result in evidence of a breach of duty, or in some cases, may constitute negligence per se. Under this related doctrine, a victim need only prove that he or she belongs to a group of people that was supposed to be protected by the rule, that the defendant’s violation of the rule caused the collision, and that damages arose. Compensation often can account for both objective and subjective forms of harm, ranging from medical bills, lost wages, and vehicle repairs to pain and suffering and emotional distress.Consult an Experienced Plano Attorney for Your Motor Vehicle Collision Case
In some cases, a victim of a rear-end collision may initially believe he or she is not hurt, particularly if the accident did not occur at a high speed. However, it is not uncommon for these events to result in pain, soft-tissue injuries, and back problems that only fully manifest the day after an accident or even weeks afterward. If you were struck by a negligent driver near Plano, you should consult an experienced motor vehicle collision lawyer who understands how to handle insurers and can develop a strategy for pursuing all responsible parties. Call Feizy Law Office at (214) 651-8686 or complete our online form to set up a free consultation. We represent accident victims in cities throughout the Dallas region, including Arlington, Fort Worth, Irving, and Garland.