There are many factors to consider when calculating how much your claim could be worth.
Rear-end accidents are some of the most common and misunderstood types of car wrecks. Some people and insurance companies sometimes dismiss rear-end crashes as minor accidents. But if you've been injured in a rear-end accident, you know just how serious this type of collision can be.
Whiplash, broken bones and painful back injuries are especially common in rear-end collisions. Likewise, concussions and other traumatic brain injuries can also occur in rear-end accidents. If you've been rear-ended and injured, medical bills and other expenses can add up fast. That's why it's critical to understand how compensation works for rear-end accidents in Dallas and other parts of Texas.
Texas at-fault car insurance system
To understand how much money your rear-end accident might be worth, it's important to know how Texas' car insurance system works. Texas has what's known as an at-fault car insurance system. That means the at-fault party is liable for the accident-related expenses incurred by injury victims.
This process might sound simple, but getting the money you rightfully deserve for a rear-end crash can be very difficult without the help of an experienced car accident lawyer. One reason is that insurance companies often try to minimize the seriousness of many rear-end accident injuries. For example, they may argue your injury is a pre-existing condition or that you don't need specific types of medical treatment. Or, they may try to pressure you into accepting a lowball settlement offer that is much less than what you actually deserve. You know the truth. And you deserve to be compensated for your losses.
Is the driver in the back always at-fault in a rear-end accident?
Often, drivers who hit cars from behind are responsible for rear-end accidents. Common causes include speeding, texting and driving, driving under the influence, and failing to adjust to hazardous weather conditions. But there are some situations where the driver in front can be at fault. This is especially true if the driver in front was intoxicated, under the influence of drugs, texting while driving, or intentionally slammed on their brakes (brake-checking).
Even if the driver in the back hit your car from behind, don't be surprised if they deny responsibility and the insurance company attempts to pin the blame on you. This is why it's important to have an experienced attorney who knows how to build a strong case and can advocate for the compensation you're entitled to under the law.
Who determines fault in a rear-end collision?
You would think the local police officer or state trooper from the Texas Highway Patrol who responded to your crash would have a lot to say about who caused your rear-end crash. But you might be surprised to realize that insurance companies often play the biggest role in determining who was at fault.
Remember, the Dallas police officer or state trooper investigating your car accident is often only focused on determining if any laws were broken. Instead, insurance companies – especially those representing the at-fault driver – frequently determine who was at fault and who should be compensated. That's why it's important that you have an attorney on your side who's part of this important conservation and can look out for your best interests. Otherwise, you might not get the money you rightfully deserve.
How much is my rear-end accident worth?
Generally, if you have been injured in a car accident caused by another driver in Texas, you should be financially compensated for all your injury-related expenses. What can make this process difficult is you and the at-fault driver's insurance company might not agree on which expenses should be covered by your injury settlement or lawsuit. Such expenses often include:
- All medical care associated with your accident, both short-term and long-term expenses.
- Prescription medications, especially if you suffer from chronic pain due to your injury.
- Physical therapy, especially if you have difficulty walking or performing other tasks.
- Vehicle repair costs or the cost of purchasing a new car if your vehicle is a total loss.
- Replacement income if you cannot work while you're recovering from your rear-end accident injury.
Can I file a rear-end accident lawsuit?
Many times, the best way to get the money you rightfully deserve is to file a rear-end accident lawsuit. This is especially true if the at-fault driver's insurance company denies your claim, makes a lowball settlement offer and refuses to negotiate a higher settlement offer.
However, it's important to understand that filing a lawsuit seeking damages (the legal term for financial compensation) is a very complicated process that is often best handled by an attorney. And if you make a mistake, you could miss out on your opportunity to obtain the money you deserve.
Contact a Dallas car accident lawyer from Marye Law
Many unique legal issues and circumstances can arise after a rear-end accident. At Marye Law, we have the knowledge, skills, and drive your case needs to succeed. In addition, we work on a contingency fee basis. That means you pay no fees unless we secure a financial settlement or verdict for you. Learn more about how we can help you by contacting us today to schedule a free consultation.