A rear-end collision can result in serious injuries to a victim. Examples of such injuries can include whiplash, spinal or neck damage, a concussion, or brain damage. When such harm occurs, then a victim may be entitled to compensation. A victim may have difficulty recovering their damages in a rear-end collision case, in comparison to other types of car accidents, as there may be a greater level of dispute as to who was at fault. Retaining an attorney with experience and resources necessary to handle the matter can be crucial. Noteboom – The Law Firm, is able to assist with such matters. If you are in need of assistance then call today to speak with a Fort Worth rear-end collision lawyer.
DFW injury lawyers working to establish liability in rear-end collision cases
A rear-end collision can differ from other types of car accidents. This is due to the fact that it may not be clear as to who was at fault. Situations in which these types of cases often arise can include:
- Intersection accidents
- Wrecks at a four-way stop
- Right of way accidents
- Traffic light incidents
A common disagreement in these types of matters can be whether the lead car stopped too suddenly or whether the rear vehicle was speeding. These disagreements mean that each side will likely be “pointing their finger” at the other and that a jury may possibly say that the two sides are equally to blame.
Comparative fault can be a commonly raised issue in a rear-end collision accident. Under Texas’ comparative fault laws, a victim may still recover damages if they are partially to blame for the incident. The jury is responsible for apportioning blame to each party. As long as a victim is not at least fifty-one percent responsible for an incident then they may still be compensated. Any compensation, however, will be reduced in proportion to their share of fault. This can be a common situation in a rear-end collision case where, for example, a jury finds that the rear driver was speeding while also finding that the lead driver stopped too quickly.
The first step one should take after being injured in a car accident is to immediately go to the hospital. It is generally advisable that they then contact an attorney as soon as possible. Once the extent of a victim’s injuries, and the nature of their damages, is understood then a demand for settlement will be sent to the defendant’s insurance adjuster. The Plaintiff’s attorney will engage in back and forth negotiations with the adjuster. If a settlement cannot be reached then it will be necessary for the Plaintiff to file a lawsuit. Settlement negotiations will continue during the litigation process while counsel for the Plaintiff builds a case against the defendant. If a settlement cannot be reached then the matter will proceed to trial. One’s choice of attorney for the handling of this process can be crucial.
The injury lawyers of Noteboom – The Law Firm have been assisting DFW area victims since 1977. Once retained, we will take immediate action to begin establishing the defendant’s liability. This can include sending our on-staff investigator to the scene of the incident and to interview all relevant witnesses. Our firm will also work to obtain any security or video footage which may show the incident. If necessary, we will also retain an accident reconstructionist to prepare an expert report on how the incident occurred. We will work to gain you the greatest possible settlement and are prepared to file a lawsuit if a reasonable offer is not made by the insurer. We understand that this is a serious time in your life and we will give your matter the attention it deserves. Contact us online or by telephone to speak with a Fort Worth area lawyer.
Board certified attorneys in Personal Injury Law by Texas Board of Legal Specialization helping Fort Worth rear-end collision victims
Rear-end collision cases can quickly become both complicated and expensive cases to litigate. If it is necessary to retain expert witnesses then, depending on the facts of the case, the fees for these professionals can be in the tens of thousands of dollars. If the matter involves serious injuries, such as brain trauma, spinal damage, etc., then it will likely be necessary to retain medical experts as well. A Plaintiff’s attorney will pay the cost for these professionals in advance and will not be compensated until the matter settles or a verdict is reached at trial. Retaining an attorney with the resources and experience necessary to handle the matter can be vital.
Our firm has two attorneys who are Board Certified in Personal Injury Law by the Texas Board of Legal Specialization. We also employ on-staff investigators and have the resources necessary to both retain any necessary experts and see your case through to completion. Our firm is founded on the belief that the rights of individuals should be protected over those of insurance companies. Contact us today to speak with a rear-end collision lawyer.
In addition to Texas’ greater Dallas – Fort Worth area, we also handle matters in Arlington, Austin, Denton, Frisco, Irving, Lufkin, Garland, Houston, McKinney, Richardson, San Antonio, and the rest of the state.
Frequent questions regarding rear-end collision cases
Can I sue for a rear-end collision if the other driver was not cited?
There are instances where the responding police officer may believe that both parties are at fault after a rear-end collision. There may even be situations where a citation is not issued. While it is helpful for the other side to have been cited, it is not necessary for the filing of a lawsuit. A jury may be able to find liability through witness testimony as well as the testimony of experts.
Are expert witnesses necessary to establish liability in a rear-end collision case?
Experts are not necessary to establish liability in such a case. Experts only become necessary when there is a clear dispute in regards to liability. In such a situation, the Plaintiff’s lawyer may retain an accident reconstructionist. This individual with in-house investigation will examine the scene of the incident, the wreckage of the vehicles, and other factors to generate a report stating how the collision occurred.
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