The legal case after rear-end car accidents may appear straightforward at first, but they usually require a comprehensive approach to proving negligence. Complex details in the case often make it confusing and complicated to identify liable parties and collect proper evidence. That is when you need to work with a qualified car accident attorney.
If you were hurt in a Hitchcock rear-end vehicle accident, the first step to take after addressing immediate medical needs is to speak to an attorney. Together, you can build a strong case and recover fair damages while you focus on your personal recovery.
Liable Parties in Rear-End Collisions
Establishing liability is the first element of pursuing compensation after a rear-end car accident case in Hitchcock. There are typically five major responsible parties that may be involved in a rear-end collision, with the rear driver typically being the one found to be at fault.
Rear Driver
In most cases, the driver who crashes into the vehicle in front of them is responsible for the accident. Some of the most common causes of rear-end car accidents in Hitchcock include following the front vehicle too closely, talking on the phone, or failing to brake in time. Inclement weather may also be an occasional factor due to Texas’ varying climate.
Front Driver
In some situations, the driver of the front vehicle may share liability. This can happen if they brake suddenly or fail to use turn signals. All municipalities in Texas follow the modified comparative negligence standard. This means that even if the person who was rear-ended is found to be 49% or less responsible for the accident, they can still recover damages after a collision.
Third-Party Drivers
A third vehicle may cause a chain reaction. For example, they may strike another car and push it into the vehicle ahead. In these cases, the initial negligent driver may be held responsible under local regulations.
Vehicle Manufacturers
If a mechanical failure (e.g., faulty brakes or a malfunctioning accelerator) contributes to the rear-end crash, the vehicle manufacturer may be liable. Proving such liability requires an in-depth investigation and extensive evidence collection, which a lawyer can assist with.
Government Entities
Poor road conditions, missing traffic signals, inadequate signage, and other factors related to road maintenance done by the government can contribute to rear-end crashes. If road maintenance issues played a role, the city government may be held accountable.
Negligence in Rear-End Crash Cases
Once the injured person’s legal team identifies liable parties, the team must prove negligence to gain the maximum compensation after rear-end car accidents in Hitchcock. To do that, they need to demonstrate four elements of negligence:
- Duty of Care: All drivers have a legal obligation to operate their vehicles safely to prevent harm to others.
- Breach of Duty: A driver breaches their duty of care by engaging in reckless or negligent behavior, such as speeding or texting while driving.
- Causation: The legal team must prove that the breach of duty directly caused the accident and resulted in injuries.
- Damages: The injured party must demonstrate actual losses, such as medical expenses, lost wages, or pain and suffering, resulting from the accident.
If an attorney has experience with building strong cases in rear-end car crashes, they already know exactly how and where to collect evidence that proves the driver’s negligent actions.
Damages Available
Damages in rear-end car accidents can add up to millions of dollars. Common expenses include medical fees, lost wages, emotional distress, and much more. The final amount depends on the quality of the investigation conducted by the attorney and the negotiation skills of the legal team.
Consult an Attorney in Hitchcock About Rear-End Car Accident Claims
If you were hurt in a rear-end car accident in Hitchcock, you need qualified legal counsel. An experienced personal injury attorney can guide you through the case and help you obtain fair compensation.
At Schechter, Shaffer & Harris, we have decades of experience working with people who sustained injuries in all situations. To schedule a consultation, call us at any time. The initial case evaluation is free.
