According to the National Highway Traffic Safety Administration (NHTSA), 0At Springer & Lyle, we are committed to helping our clients who were injured in a rear end collision, or who had a loved one killed in such a collision.
The Driver in the Rear is Not Always at Fault
A common myth is that the driver who runs into the back of a car is always at fault for the accident. Although this is often true, it is not always the case. If you were injured in a rear end collision, in order to collect your damages in Texas, you will have to prove the accident was the fault of the driver in the rear. You have to prove that they were negligent which means they failed to use ordinary care.
Some defenses a driver who rear ends your car may have include:
- You slammed on your brakes with no warning and the car who hit you was not following to close.
- The car in front was illegally stopped. This could be you, or it could be the car directly behind you that was rammed into by the car in back of it, and it was that collision that caused the wreck with your vehicle.
- The driver of the car in the front suddenly changed lanes and then hit the brakes for no reason, causing the driver in the rear to slam into the car in the front.
- A mechanical failure prevented the car in the rear from stopping.
- A sudden emergency or act of nature caused the car in front to slam on its brakes.
Texas Modified Comparative Fault Law
Under Texas law, if you are 50 percent or more at fault for the accident, you are unable to collect damages from the driver who rammed into your car no matter how seriously you were hurt. It is sometimes difficult to prove the other driver was at fault.
If your case goes to trial, the jury will hear all the evidence, and then place percentages of responsibility on each driver. You may present evidence that your brake lights were working at the time of the accident, your turn signals were working, and the other driver was distracted or otherwise careless in rear ending you.
The personal injury attorneys at Springer & Lyle can help you obtain the reasonable compensation you are entitled for your injuries, lost wages, medical expenses, pain and suffering, and other physical damage. Contact us at 940.387.0404 for a free consultation.