What to Do if You Get Rear-Ended
Many people believe that, if you are rear-ended in Texas, the other driver is automatically to blame for your accident. This is a myth. If you get rear-ended, it’s possible that you or the other driver could have been responsible—or both.
Determining what caused your accident is the most important aspect of any crash when you decide to seek compensation.
Speak with a Texas car accident lawyer who can help you determine what caused your rear-end collision. For more information on what to do if you get rear-ended, see below.
Comparing Negligence
If you’re seeking compensation in a personal injury claim, negligence must be found to have played a role.
If you are found partially responsible for your rear-end crash, you can still seek damages from the other driver in Texas if he or she was more negligent than you were. This is called comparative negligence.
If you are rear-ended, it’s important to gather and preserve as much evidence as possible to make sure you aren’t unfairly blamed for the crash. If possible, take photos of the crash and your injuries, make sure the police file an official report about your accident, and see a doctor as soon as possible.
Negligence Is Difficult to Prove on Your Own
Especially when you’ve been seriously injured in a rear-end accident, an attorney can be a big help as you pursue compensation. It’s unlikely that you can investigate your crash on your own. You are probably suffering from serious injuries, such as whiplash, and you won’t be able to focus your energy on proving the other party was negligent.
There are some defenses the other driver could take even though you were rear-ended. The other driver could claim the following:
- You stopped at a green light.
- You slowed or stopped unexpectedly for no reason.
- You started to travel but then stopped unexpectedly.
- It was an unavoidable accident, such as when an animal charges into the road.
As you can see, even when you think your accident was automatically the fault of the other driver, there are ways to lose your case. Your attorney can help prove the other driver’s negligence and assist with communications with the insurance companies so you don’t accidentally accept partial blame.
Speak with a Texas Auto Collision Attorney at Denena Points, PC
Now you have a much better understanding of what you should do if you get rear-ended. To get help filing a personal injury claim against the driver who hit you, contact a Texas car accident lawyer with Denena Points, PC.
We offer a free, no-obligation consultation when you call us at 713-807-9500 or enter your information into the contact form below.