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Most people consider rear-end collisions minor, some are far from it. Some lead to serious, life-changing neck, spine, and head injuries, especially when they occur on highways or interstates, where speed limits are much higher and careless motorists may not expect stopped traffic.
Medical care, lost wages, and the costs of repairing your vehicle can add up quickly. If another driver causes your rear-end crash, you should not have to pick up the costs of his or her negligence. A rear-end collision accident lawyer in Dallas at Lovins Trosclair can help you weigh your options and determine the best way to get the money you deserve for your injuries. Call us today at 214-484-1930 to learn more.
Who is liable after a rear-end collision?
It is a common belief that the driver in the rear is always at-fault in a rear-end collision. While not always true, in the majority of rear-end accidents the rear driver is responsible for causing the accident. Most rear end collisions are caused by the following actions:
- Following too closely/not leaving enough room to stop
- Exceeding the speed limit
- Driving too fast for conditions (e.g., rain, snow, fog, ice, etc.)
- Drunk or drugged driving
- Distracted driving
- Texting while driving
- Fatigued driving
- Driving without brake lights
- Failing to use a turn signal
- Backing up unexpectedly
How can I get compensation for my accident-related losses?
In Texas, all drivers have to follow auto insurance laws that require them to have at least a 30/60/25 liability policy to cover any injuries or property damage they cause in an accident. Under these minimum policies, you can collect up to:
- $30,000 for your injuries and lost wages
- $60,000 for the injuries and lost wages for everyone involved in the crash (applies if there was a third vehicle or a passenger in your vehicle)
- $25,000 to repair or replace your vehicle
Many drivers have insurance policies well in excess of these minimum limits, however. If you suffered injuries in a Dallas rear-end collision caused by another driver, you can file a third-party insurance claim with the other driver’s liability policy. This should provide you with compensation to cover your economic and noneconomic losses up to the top limit of the driver’s policy.
When a driver or passenger suffers severe injuries in a rear-end collision, though, the cost of their injuries, missed work, and lost wages, and other costs can quickly eclipse the maximum payout of most liability policies.
In our experience, most insurers are unwilling to pay you what you deserve. To ensure their bottom line, many insurers may do whatever they can to lower your payment. They may:
- Claim your injuries are unrelated to the accident
- Claim you are faking or exaggerating the injuries (common with soft tissue injuries from rear-end collisions)
- Try to get you to admit fault (even saying something as innocent as “I’m sorry” can mean admitting fault)
Our attorneys will manage all communication and negotiations with the insurer to protect your claim and get you the most compensation possible. If the insurer refuses to offer you a fair settlement, we will help you take the driver to court.
Note: If the insurer is disputing fault or if the other driver was uninsured or underinsured, you may be able to use your own insurance policies to cover your injuries and lost wages.
At Lovins Trosclair we will examine your case, identify all of your legal options, and pursue the one(s) that provides the maximum payout.
How do I prove fault for a rear-end collision?
Winning compensation through a third-party liability car accident claim or Dallas personal injury lawsuit requires providing evidence to show the other driver was behaving negligently and caused the accident and your injuries. To prove negligence, you must show:
- The other driver had a duty to drive in a way that ensured he remained a safe distance from your car
- The other driver failed to maintain this distance due to careless actions
- This carelessness caused his car to hit yours
- You suffered injuries in the crash
In some rear-end collisions, the police report and pictures of the damage to your vehicle are enough to prove the other driver caused the crash. The more evidence collected in these crashes, the stronger your case against the driver, though. For this reason, you will want to consider collecting evidence including:
- Pictures of the damage
- Pictures of the accident scene
- Eyewitness statements
- A reconstruction of the accident
In addition to providing evidence to prove negligence, you will also need to prove the nature of your injuries, their impact on your life, and your economic losses. This evidence often includes:
- Medical records
- Medical bills
- Expert witnesses
- Past pay stubs
- Documents to prove missed work
- Receipts for other accident-related expenses
Our attorneys regularly work with accident reconstructionists, investigators, and medical experts to prove negligence and valuate cases.
What types of damages can I recover?
Winning a third-party liability claim or personal injury lawsuit allows you to collect compensation to cover a wide variety of accident-related expenses. This often includes:
- Emergency transportation
- Surgical costs
- Other medical expenses
- Rehabilitation and physical therapy
- Ongoing care costs
- Current and future lost wages
- Body work to repair your car
- Replacement of a totaled car
- Car rental while your car is in the shop
- Other repair-related expenses
- Funeral costs, if the victim passes away due to injuries
- Other accident-related costs
- Pain and suffering
- Mental anguish
How can Lovins Trosclair help me?
Lovins Trosclair can help you hold the at-fault driver liable for your injuries after a rear-end collision, getting you the compensation you deserve to cover all of your accident-related damages. After this type of accident, your family’s financial and emotional health may suffer. Do not let a careless driver hurt those you love the most.
Call our Dallas office today at 214-484-1930 to schedule a free, no-obligation case evaluation, and let us go to work for you.