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Rear-end collisions can be minor and barely leave a scratch or so severe that victims sustain catastrophic injuries. In many cases, the liable party in a rear-end collision will encourage victims to shrug it off, minimizing the damage to the vehicle and ignoring any possible signs of injury. Some victims may also downplay the possible effects of the crash, assuming it is not worth filing a claim.
This is a mistake, especially when you later realize you need treatment for a head, neck, or spinal injury. At Lovins Trosclair, PLLC, we recommend all victims of Austin rear-end crashes see a doctor as soon as possible after an accident. This allows you to get any medical treatment you may need, and documents your condition so our rear-end collision accident lawyer in Austin can help you file an insurance claim to cover your treatment and other related expenses.
To schedule a free consultation to discuss your case, call 512-535-1649.
Why do rear-end collisions occur?
Rear-end collisions have quite a few potential causes, but in most cases, it comes down to driver error. This often includes:
- The rear driver following a car too closely
- The rear driver failing to see a stop sign or other traffic control device
- The rear driver failing to recognize stopped traffic
- The rear driver overestimating the speed of the car in front
What types of injuries occur in rear-end collisions?
The severity of the accident — primarily related to the speed of the rear car — plays a huge role in the type and seriousness of injuries. When one car rolls into another a red light, the injuries are most likely going to be much less severe than when a driver fails to see stopped traffic and slams into another vehicle at high speed. It is important to note, though, that serious injuries can occur in any almost any rear-end collision.
Neck injuries such as whiplash are the most common type of injury after most rear-end accidents. Injuries that are more serious may include:
- Back and spinal injuries
- Traumatic brain injuries
- Facial and head injuries
- Injuries to the lower extremities
Even a soft tissue injury like whiplash can lead to debilitating and chronic pain without proper treatment. This is one reason why we encourage accident victims to get the medical care they need, then to call us for help getting the compensation necessary to pay for that care.
Who is liable for a rear-end collision?
You have probably heard that rear-end collisions are always the fault of the rear car. In many cases, this is true. They occur because the driver of the rear car was speeding, driving too fast for conditions, tailgating, distracted, or even drunk. The front car is often sitting still, such as at a red light. Usually, the police report and knowledge of the circumstances are enough to prove liability in these cases.
Occasionally we see a case where the liability is not so clear cut. The driver of the front car whipped in front of the rear car without signaling, his/her brake lights were out, or the crash involved a third party. No matter the situation, we have the resources and experience to identify all potentially liable parties and collect the evidence necessary to prove their role in causing your injuries.
How much compensation can I collect for my injuries and other damages?
Several factors come into play when determining the value of your Austin car accident claim. First, there is the limit of the at-fault driver’s liability insurance policy. Texas law requires drivers carry at least $30,000 for injuries and $25,000 for property damage. Some drivers carry more than this minimum requirement, but for the sake of this example, we will say the driver carries the state-mandated minimum.
Then we need to look at your economic and noneconomic losses. By adding up the total of your medical bills, lost wages from time away from work, and other expenses and financial losses, we can determine how much the accident cost you up to this point. We can then analyze your medical records and information from your doctor and other medical experts to calculate the cost of any future medical needs.
The last category of damages is pain and suffering/mental anguish. Contrary to popular belief, there is no simple formula used by insurance companies and lawyers to determine this damage. Each case is different, and a thorough evaluation of the specific facts of your case is needed to determine the amount you are entitled to for this category of damages.
There is no way to know exactly how much you can recover until all the facts of your case are known. What we can ensure you is that we will put all our tools to work to make sure you get the fair compensation you deserve.
How does the accident process work?
When you come to us for help after an Austin rear-end crash, we file a third-party insurance claim to collect the compensation you deserve. This claim against the at-fault driver’s liability coverage should cover your losses up to the policy limit.
Note: During this time, you need to continue attending doctor’s appointments and obeying all his/her orders.
If the insurer refuses to pay what you deserve, we will file a suit against the driver.
It is important to note that a lawsuit does not always mean you will be going to court. The vast majority of cases settle without going to trial, but it is important that we prepare your case like it is going to trial so we can maximize the value of your recovery.
How can I contact a rear-end collision accident lawyer in Austin?
At Lovins Trosclair, PLLC, our lawyers have dedicated themselves to protecting the rights of Texas car accident victims. We can hold the liable party financially responsible for your injuries, and recover the compensation you need to get back on your feet. Call our Austin office today at 512-535-1649 to schedule a time to meet with one of our knowledgeable rear-end collision accident lawyers, and let us go to work for you.