One of the most common accidents are rear-end collisions. Typically, most people consider rear-end collisions to be “harmless.” However, this isn’t always the case. Rear-end crashes that occur on freeways, busy intersections or other high-traffic areas can result in serious injury.
Rear-end collision injuries may not appear until later. Many people injured in a rear-end crash begun reporting pain days or even weeks later. Sometimes a person injured in a rear-end collision already negotiates a settlement before understanding the full scope of their injury.
If you’ve been injured in a rear-end collision, you must contact an attorney today. You may be entitled to compensation for your injuries.
Attorney for Rear-End Crashes in Conroe, Texas
Have you been injured in a rear-end collision recently? You could be entitled to a monetary settlement for your damages. There is no reason for you to suffer unconditionally. If you’d like to pursue your legal options for your injuries, call the attorneys at Evans & Powell, PLLC.
The attorneys at Evans & Powell, PLLC are passionate about advocating for our client’s needs. Our attorneys want to do whatever we can to help you recover. We have the resources, knowledge and drive to get the settlement you deserve. Don’t hesitate a moment longer. Call the attorneys at (713) 622 - 2000 for a free consultation today.
Evans & Powell, PLLC accepts clients throughout the greater Montgomery County area and surrounding communities including Cut and Shoot, Conroe, Willis and Patton Village.
Overview of Rear-End Accidents in Texas
- Rear-End Collision Statistics
- Causes for Rear-End Accidents
- Injuries Found in Rear-End Crashes;
- Who’s At-Fault in a Rear-End Collision?
- Comparative Fault in Texas
- Additional Resources
Rear-End Collision Statistics in Texas
The National Highway Traffic Safety Administration (NHTSA) reports that rear-end crashes are the most common type of accident. It’s vital that you’re aware of the statistics and data surrounding rear-end crashes to understand how frequent and damaging they can be.
Listed below are statistics collected by NHTSA regarding rear-end collisions.
- 5 million rear-end collisions are reported every year;
- 29 percent of car accidents are rear-end collisions;
- 20 percent of people in rear-end crashes have whiplash;
- Distracted driving causes 90 percent of rear-end crashes;
- Male drivers between the ages of 25 to 24 were twice as likely to get involved in a rear-end crash; and
- 1,700 people die from rear-end collisions annually.
Common Causes for Rear-End Collisions
Rear-end collisions are incredibly common and are caused by a multitude of factors. Most rear-end collisions happen from cars that are following too closely, otherwise known as tailgating. Texas Transportation Code § 545.062 states that motor vehicles must maintain a safe distance between other vehicles. Those who tailgate too closely are being negligent and could induce a rear-end collision.
Tailgating isn’t the only main cause for rear-end collisions. Some common causes for rear-end collision include:
- Distracted Driving – Drivers who are distracted create a high risk for rear-end crashes. Activities such as talking on the phone, texting, or changing the radio lowers a driver’s awareness so they’re unable to respond to sudden stops.
- Visibility Issues – Drivers who aren’t able to see other cars clearly may induce a rear-end crash. Some common reasons for visibility issues include inclement weather, foliage or covered street signs.
- Sudden Stops – Constant stops create a high chance of a rear-end collision. Drivers must be aware of their surroundings when operating a motor vehicle. If they keep stopping with little warning it puts other cars at risk for an accident.
- Faulty Brake Lights – All motor vehicles are required to have fully functioning brake lights. Drivers who don’t install working brake lights could induce a rear-end collision.
- Driving Under the Influence – Any driver impaired by drugs or alcohol is a danger to others on the road. An impaired driver has slower reflexes and motor control, so they will have much more difficulty navigating the road.
Common Injuries Found in a Rear-End Collison
Whiplash is the most common injury in a rear-end collision. When the neck is stretched to an unnatural length, it may result in whiplash. Whiplash is painful and can lead to chronic discomfort and pain. What’s worse is there isn’t any sure-fire way to “fix” whiplash. Most doctors will just order you on bed rest and painkillers.
Whiplash, unfortunately, isn’t the only injury resulting from a rear-end collision. The following are some common injuries a person may experience from a rear-end crash.
- Herniated or slipped neck disc
- Broken Bones
- Brain injuries
- Spinal cord injury
- Broken bones
- Internal bleeding
- Burn injuries
Who’s At-Fault for a Rear-End Accident in Texas?
Personal injury law and fault are based on the grounds of negligence. A person is negligent if they fail to uphold a certain duty of care that a reasonable person would. The plaintiff must prove that the defendant was negligent, and that negligence led to the plaintiff’s injury.
For example, a person is negligent if they leave a child unattended in a hot locked car all day. Most reasonable people would never leave a child alone in a hot locked car all day because there is a huge risk that the child could suffer from heat stroke or death. Understanding the substantial and justifiable risk and taking actions to avoid it makes a person reasonable. Choosing to ignore or being grossly unaware of these risks make a person negligent.
Drivers must uphold a certain duty of care when navigating Texas roads. Any driver who is grossly unaware or violates Texas traffic rules are violating their duty of care. The plaintiff must prove the following elements to gain a settlement for a rear-end collision.
- The defendant is required to uphold a duty of care while driving;
- The defendant knowingly or intentionally broke this duty;
- The plaintiff was injured because the defendant didn’t uphold their duty of care; and
- The plaintiff suffered because of the injury.
If the plaintiff proves the defendant was negligent, then the court may grant the plaintiff a monetary settlement. The settlement will be determined by the plaintiff’s damage costs. Damages are the losses the plaintiff suffered because of the injury. Some damages in a personal injury case include:
- Medical costs for past, present and future;
- Motor vehicle repair cost;
- Lost wages;
- Loss of future earnings;
- Rehabilitative costs;
- Therapy or counseling costs;
- Loss of consortium;
- Pain and suffering; and
- Loss of quality of life.
Comparative Fault in Texas
Not all rear-end collision cases find one person at fault. Texas is a modified comparative fault state, which means that the court can appropriate how much a person is at fault. Drivers who both share fault for an accident have proportionate responsibility.
Proportionate responsibility means that the plaintiff may also be partially responsible for the crash. Chain rear-end collisions are especially known to have proportionate responsibility. For instance, if the car in front stopped suddenly but the plaintiff was also distracted by a text message, then they both could share proportionate responsibility.
If you have proportionate responsibility, you are responsible to pay a percentage of your fault. So, if you’re 30 percent at-fault, then you’re required to pay 30 percent of all damages. It’s important to note that if the plaintiff is over 50 percent responsible for damages then he or she will be required to pay the full settlement.
Texas Driving Laws – Visit the official website for the Texas Transportation Code, a collection of traffic laws and regulations. Find more information on driving laws, the distance required between cars, turning at an intersection, or the right way to enter or leave an intersection.
Rear-End Collision Statistics – Visit the official website for the Insurance Information Institute (III) to find more information about rear-end collisions and highway safety. Access the site to see car crash statistics, safety feature data and additional resources.
Lawyer for Rear-End Crashes in Conroe, Texas
If you’ve been injured in a rear-end collision, it’s vital that you gain legal representation now. You could be entitled to compensation for your injuries. Don’t go any further without trusted legal counsel with Evans & Powell, PLLC.
[frim] is a group of attorneys who are skilled in personal injury. Our attorneys will collect evidence and litigate for you if necessary. We understand that recovering from an injury and battling legal issues is stressful. We want to ease your troubles with quality legal service. Call today at (713) 622 - 2000 to schedule a free consultation today.
Evans & Powell, PLLC represents citizens throughout Conroe area including Patton Village, Magnolia, Willis and Shenandoah.
This article was last updated on February 13th, 2019.