This blog was posted by Shaw-Cowart Personal Injury Attorneys in Austin, representing clients for car accident injuries, truck / 18 wheeler accidents, motorcycle accident injuries, work-related accidents, wrongful death claims and much more in Austin and the surrounding areas
Rear-End Accident Injuries and Proving Fault
Rear-end accidents happen constantly on Texas roads, from slow-speed parking lot bumps to high-speed highway collisions. While some rear-end accidents cause only minor damage, many produce serious injuries that require extensive medical treatment. Rear-end accidents often result in whiplash, herniated discs, and traumatic brain injuries that insurance companies try to downplay. Understanding how to prove fault and document injuries helps rear-end accident victims get the compensation they deserve.
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Rear-end accidents occur when one vehicle strikes another from behind. These collisions happen in stop-and-go traffic, at red lights, in construction zones, and whenever traffic slows unexpectedly. Rear-end accidents account for approximately 29% of all crashes, according to the National Highway Traffic Safety Administration. The driver who hits another vehicle from behind almost always bears fault because drivers must maintain safe following distances.
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Texas sees countless rear-end accidents every day on congested highways like I-35, I-10, and the Dallas-Fort Worth road system. Rear-end accidents in heavy traffic may seem like minor fender-benders, but the occupants of struck vehicles often suffer injuries that do not become apparent until hours or days later. Taking proper steps after a rear-end accident protects your health and legal rights.
Common Causes of Rear-End Accidents
Most rear-end accidents result from driver inattention or following too closely. Several specific behaviors lead to these preventable collisions.
Distracted driving tops the list of rear-end accident causes. Drivers looking at phones, eating, adjusting controls, or focused on passengers fail to notice slowing or stopped traffic ahead. A driver distracted for just a few seconds may not have time to stop when traffic conditions change.
Tailgating eliminates the safe stopping distance drivers need when traffic slows. Aggressive drivers who follow too closely cannot stop in time when the vehicle ahead brakes suddenly. The standard following distance of three to four seconds provides the necessary reaction time.
Speeding reduces the time available to react to changing conditions and increases stopping distances. A vehicle traveling 70 mph requires significantly more distance to stop than one traveling 55 mph. Speeding drivers cause more severe rear-end accidents.
Impaired driving slows reaction times and impairs judgment. Drunk or drugged drivers may not notice brake lights ahead until too late. Impairment-related rear-end accidents often occur at high speeds because impaired drivers fail to recognize dangers.
Fatigued driving produces effects similar to impairment. Drowsy drivers have slower reaction times and may briefly fall asleep at the wheel. A driver who dozes for even a second can cause a rear-end collision.
Sudden stops by lead vehicles sometimes contribute to rear-end accidents. However, the following drivers must account for the possibility that traffic may stop unexpectedly. Brake-checking or intentionally causing rear-end accidents creates liability for the lead driver.
Injuries from Rear-End Collisions
The unexpected nature of rear-end impacts often catches occupants unprepared, increasing injury severity. Occupants may not brace themselves before impact because they have no warning the collision is coming.
Whiplash injuries occur when the head snaps backward, then forward upon impact. This rapid motion strains or tears muscles, tendons, and ligaments in the neck. Whiplash symptoms may not appear until 24 to 72 hours after the accident. Severe whiplash causes chronic pain and requires extensive treatment.
Herniated discs result when spinal discs rupture or bulge due to collision forces. The soft interior of discs can press on spinal nerves, causing pain, numbness, and weakness. Herniated discs may require surgery when conservative treatment fails.
Traumatic brain injuries occur even in seemingly minor rear-end accidents. The brain impacts the skull during the whipping motion, causing concussions or more severe damage. TBI symptoms may be subtle initially but can cause lasting cognitive problems.
Back injuries affect the thoracic and lumbar spine in rear-end collisions. Compression fractures, muscle strains, and ligament damage cause acute and chronic pain. Many rear-end accident victims develop long-term back problems.
Shoulder and arm injuries result from bracing against steering wheels or being thrown against doors and consoles. Rotator cuff tears, shoulder impingement, and arm fractures require medical treatment and physical therapy.
Proving Fault in Rear-End Accidents
Texas law creates a presumption that the rear driver caused a rear-end accident. Drivers must maintain control of their vehicles and keep a safe following distance. Failing to stop before hitting another vehicle indicates negligence.
Police reports document the investigating officer's findings about fault. While not conclusive, police reports carry significant weight with insurance companies and courts. The report describes the accident scene, vehicle damage, witness statements, and any citations issued.
Physical evidence of the collision helps prove fault. Damage to the rear of your vehicle and the front of the other vehicle establishes how the collision occurred. Photographs of damage should be taken at the scene.
Witness statements from other drivers and passengers support your account of what happened. Independent witnesses who saw the collision can confirm that the other driver rear-ended you.
Surveillance video from nearby businesses, traffic cameras, or dashcams may capture the collision. This footage provides objective evidence of how the accident occurred and who was at fault.
The rear driver may claim you stopped suddenly or that you somehow caused the collision. However, Texas law requires drivers to maintain sufficient following distance to stop safely, regardless of what happens ahead. These defenses rarely succeed.
Dealing with Insurance Companies
Insurance companies handling rear-end accident claims often try to minimize payouts. They may claim your injuries are minor, pre-existing, or unrelated to the accident. Understanding their tactics helps you protect your claim.
Recorded statements requested by insurance adjusters can be used against you. Adjusters ask leading questions designed to elicit answers that hurt your claim. You are not required to provide recorded statements to the other driver's insurance company.
Quick settlement offers may seem attractive but often undervalue claims. Insurance companies know that injury symptoms may worsen over time. Accepting early settlements forecloses recovery for future medical needs.
Medical record requests seek information to blame your injuries on pre-existing conditions. While insurers can review records related to your injuries, blanket authorizations give them access to your entire medical history.
Delay tactics frustrate claimants into accepting low offers. Insurance companies know that financial pressure builds as medical bills accumulate. Having experienced attorneys handle your claim counters these tactics.
Get Help with Your Rear-End Accident Claim
The car accident attorneys at Shaw Cowart help rear-end accident victims throughout Texas. We document injuries thoroughly, gather evidence to prove fault, and negotiate aggressively with insurance companies. When insurers refuse fair settlements, we take cases to trial.
If you were injured in a rear-end accident, contact Shaw Cowart today for a free consultation. We can evaluate your case and explain your options for pursuing compensation.
