Pearland Rear End Accident Lawyer
Rear end collisions are among the most common types of car accidents. Such accidents can lead to serious injuries such as whiplash, concussion, herniated discs, and arm dislocations or fractures. In some cases a person may even suffer fatal injuries.
Assigning fault for a rear end collision is not as simple as you might think. That is why it is important to work with an experienced Pearland rear end accident lawyer if you have been involved in such a collision. Attorney Keith B. French can review the facts and circumstances of your accident and advise you of your legal options for seeking compensation from the other driver.
Is the Rear Driver Always to Blame for a Collision?
Rear end accidents typically occur when the leading vehicle is moving slowly or stopped and is struck by the rear vehicle. There is a common misconception that the driver of the rear vehicle is always liable for such accidents as a matter of law. That is not true. In fact, if a personal injury lawsuit arising from a rear end collision goes to trial, a jury can find either driver–or both–responsible for the accident.
Liability for any auto accident in Texas is based on the principles of negligence. Basically, the plaintiff in a personal injury case must prove that the defendant failed to observe some legal duty of care owed to the plaintiff. But Texas is also a “comparative negligence” state. So the defendant can turn around and argue the plaintiff was also negligent–or even the party who was solely responsible for the accident.
It is true that in applying the basic rules of negligence, the rear driver tends to be found at-fault more often than the leading driver. This is because the evidence often shows the rear driver was following the leading driver too closely, thus not leaving themselves sufficient room to stop. But the leading driver may be found at-fault if they suddenly slammed their brakes for no reason or pulled out into traffic without properly judging the distance between themselves and the rear driver.
A jury can also find that both drivers were liable to some degree. In such cases, the plaintiff may still recover some damages from the defendant provided the plaintiff was found less than 51 percent at-fault.
Contact Keith B. French Law Today
Damages in rear end accident cases are often substantial. If the plaintiff sustained serious injuries, they are entitled to compensation for the past, present, and estimated future medical expenses, along with the costs of any rehabilitation. The plaintiff can also ask for damages due to lost compensation if they missed time from their job or occupation while recovering. A court may also award non-economic damages to compensate the plaintiff for their pain and suffering due to the accident.
Given these financial stakes, it is essential that you work with a Pearland rear end accident lawyer who understands the law in this area. Contact Keith B. French Law, PLLC, today to schedule a free consultation.