A Brief Summary of the Following Article
 
  • Rear-end accidents, commonly due to distracted driving or brake issues, can lead to injuries like whiplash and substantial property damage.
  • Victims can seek both economic (tangible losses) and non-economic (intangible impacts) damages after a rear-end collision in Texas.
  • Liability in rear-end accidents can arise from another driver’s negligence or car manufacturing defects.
  • Engaging with a dedicated attorney ensures proper claim handling, timely filing, and effective negotiations with insurance companies, optimizing the compensation received.
 

A rear-end collision can be more than just a fender-bender. In many cases, these accidents lead to serious injuries like whiplash, back pain, and other long-term health issues. If you’ve been hurt in a rear-end crash in Austin, it’s important to know your rights and understand how a skilled attorney can help you pursue the compensation you deserve.

 

At Byrd Davis Alden & Henrichson LLP, we understand how disruptive and painful rear-end collisions can be. With decades of experience handling personal injury cases, we are committed to helping victims secure compensation for medical expenses, lost wages, and other damages. Our team’s dedication to thorough case preparation ensures we can effectively advocate for your recovery and peace of mind.

Who Is At Fault in a Rear-End Collision?

In a rear-end collision, the driver who strikes the vehicle in front is typically considered at fault. This is because, in most cases, drivers are expected to maintain a safe following distance and be able to stop their vehicle in time to avoid an accident. However, fault is not always straightforward, and there are situations where the rear driver may not be responsible.

Common scenarios that could influence fault in a rear-end collision include:

Tailgating

If the rear driver was following too closely and unable to stop in time, they are generally considered at fault for the accident. Texas law requires drivers to maintain a safe distance from the vehicle in front of them, and tailgating is a common cause of rear-end collisions.

Sudden Stopping of the Front Vehicle

If the driver in front suddenly and unnecessarily slams on their brakes (for example, to avoid an obstacle they could have avoided or because of road rage), the rear driver may not be at fault, especially if they were maintaining a safe following distance. However, the rear driver’s reaction time and distance will also be considered.

Malfunctioning Brake Lights

If the front vehicle’s brake lights were not functioning properly, the rear driver may not have had adequate warning that the vehicle was slowing down. In these cases, the driver of the front vehicle could share some or all of the responsibility for the crash.

Road Conditions or Poor Weather

In cases where road conditions or weather play a significant role, such as ice or heavy rain that makes stopping distances longer, the rear driver may not always be fully to blame. However, even in these cases, the rear driver is generally expected to adjust their speed according to the conditions.

Involvement of a Third Party

Sometimes, a rear-end collision occurs as a result of a third party’s actions, such as another vehicle cutting into traffic or causing the lead driver to stop abruptly. In such cases, fault could be divided between multiple drivers.

Unlawful Behavior by the Front Driver

If the driver in the front vehicle was engaged in unlawful behavior, such as driving under the influence or texting, their actions may have contributed to the accident. In such cases, the front driver may share liability for the collision.

 

Ultimately, determining fault in a rear-end collision requires careful examination of the circumstances, including witness statements, accident reports, and any available evidence. If you’re involved in a rear-end collision, it’s important to consult with an experienced attorney who can help assess the situation and advocate for your best interests.

 

What Damages Are You Entitled to After a Rear-End Accident in Austin, Texas?

 

After your rear-end accident, Texas entitles you to recover both economic and non-economic damages for your losses. Economic damages are there for the tangible, out-of-pocket expenses piled up as a direct result of the motor vehicle accident. This will often encompass past, present, and future medical bills, the cost of any required rehabilitation or therapy, any property damage to your car, lost wages from missed work opportunities, and any other quantifiable financial losses. 

When it comes to future expenditures directly related to your accident, your Austin rear-end accident attorney can help you calculate these costs with a medical professional. Non-economic damages are there to address the intangible losses experienced by victims. These include pain and suffering, emotional trauma such as loss of enjoyment of life, scarring or disfigurement, and a diminished quality of life as a result of the rear-end accident. 

While these damages don’t have a direct monetary value, they represent the real and often profound personal impact of the collision on an individual’s life. In Texas, determining the value of non-economic damages requires a careful evaluation of the overall emotional and physical toll the accident has taken on the victim, often leaning on expert testimonies and comprehensive medical evaluations to ensure a fair assessment is provided and that your needs are met after suffering an accident due to another person or entity’s negligence. 

 

How Is Liability Established After a Rear-End Accident?

 

There are many potentially at-fault parties when it comes to a rear-end accident. The most common example is another driver who has failed to yield or stop on time due to intoxication, speeding, or distracted driving. Other examples, however, include the car’s manufacturer. 

If your brakes are not working properly or your self-driving vehicle malfunctions and does not allow you to stop on time, your Austin rear-end accident lawyer may be able to help you collect the necessary evidence to file a claim with the manufacturer’s insurance company. When establishing liability, your rear-end accident attorney in Austin will do so through negligence. 

By conducting an immediate investigation into the circumstances surrounding your case, your rear-end accident lawyer in Austin will gather time-sensitive and relevant information to be used as evidence in proving you were owed a duty of care, that the other party breached their care by acting recklessly, and that this directly resulted in your accident, property damage, and injury. 

 

Compensation Available After a Rear-End Collision

At Byrd Davis Alden & Henrichson LLP, we are committed to helping you pursue the compensation you deserve after a rear-end collision. Some types of compensation available to you may include:

 

  • Medical expenses: Compensation for immediate and ongoing medical treatment, including emergency room visits, surgeries, medications, physical therapy, and any future medical care related to your injuries.
  • Lost wages: If your injuries prevent you from working, either temporarily or permanently, you may be entitled to compensation for lost wages. This can include the salary or hourly wages you missed while recovering from the accident.
  • Pain and suffering: Physical pain, emotional distress, and mental anguish caused by your injuries can be compensated. This includes the long-term impact of your injuries on your daily life and well-being.
  • Property damage: Compensation for repairing or replacing your vehicle if it was damaged in the accident, as well as other personal property that may have been damaged during the collision.
  • Loss of earning capacity: If your injuries leave you unable to perform your job or cause long-term limitations in your ability to work, you may be eligible for compensation related to future income loss.
  • Disability and disfigurement: If the accident results in permanent disability or disfigurement, you may be entitled to compensation for the lasting physical effects and the impact they have on your quality of life.


Our experienced team will work closely with you to understand the full extent of your injuries and damages, ensuring you pursue all available avenues for compensation.

How Our Rear-End Collision Lawyers Help Accident Victims

If you’ve been involved in a rear-end accident, our experienced attorneys can guide you through the claims process and help you recover the compensation you deserve. We can help by:

  • Thoroughly investigating the details of your accident
  • Gathering evidence
  • Collecting witness statements
  • Working with accident reconstruction experts to establish fault
  • Assessing your medical records
  • Consulting with professionals to build a strong case on your behalf
  • Negotiating with insurance companies to ensure you receive fair compensation

If a fair settlement cannot be reached, we are fully prepared to take your case to court and fight for your rights. With our support, you can focus on your recovery while we handle the legal complexities of your case.

 

Seek Legal Support After a Rear-End Collision in Austin, Texas

At Byrd Davis Alden & Henrichson LLP, we have been helping Austin residents recover compensation after car accidents since 1959. Our thorough approach to building strong cases includes investigating fault, gathering compelling evidence, and advocating for fair compensation.


We understand the challenges victims face, from medical expenses to long-term impacts, and we are committed to guiding you every step of the way. Contact us today at (512) 454-3751 or complete our contact form.