Houston Rear-End Accident Lawyer

Many auto accidents occur when one driver crashes into the back end of the driver in front of them. In many situations, the rear driver will be liable for the damages but there are certain nuances that can shift blame. It is important to have a Houston rear-end accident lawyer on your side to help with identifying liability and making a fair claim for damages. The team at Schechter Shaffer & Harris are experienced in personal injury litigation and are here to fight for you.

What is a Rear-End Collision?

A rear-end collision occurs when one driver fails to keep a safe distance and runs into the back of another vehicle. When someone tailgates, they have less time to react; and when the car in front of them stops, if they are not paying close attention, they have almost no room to stop safely themselves. Distracted driving is another common cause of back-end collisions in Houston, because motorists do not realize they are closing in on the vehicle ahead of them until it is too late to come to a stop.

Assigning Fault

Fault is determined by the negligence standard: did the driver do what an ordinary driver would do in the same or similar situation? Rear-end collisions are not necessarily always the fault of the vehicle in the rear because the driver in front may have hit their brakes suddenly, giving no time to the rear driver to avoid a collision. If a claim for damages goes to trial, the jury could agree that the rear driver did what an ordinary driver would do in that situation and find them not to be negligent.

A person might be found contributory negligent if they made a sudden stop and were rear-ended, but they may also find the driver behind them was not paying enough attention and that this was primarily the cause. The court might assign 25 percent of liability to the front vehicle for stopping suddenly, and 75 percent responsibility to the driver behind them for rear-ending them. In that scenario, under Texas law, the front driver would only recover 75 percent of the damages that are awarded.

How to Establish Liability

The sooner that someone contacts a lawyer, the sooner the lawyer can confirm that the plaintiff’s medical care is being properly documented and that evidence is preserved. A good rear-end auto accident lawyer in Houston can take a deposition of the rear driver and ask when they first became aware of the car that was driving in front of them. In many cases, they were unaware until they hit the car, which proves they were not paying enough attention.

In addition, the police report from the accident scene might indicate who was at fault, which could be another piece of evidence. There may also be video or witnesses to prove the driver in the rear was not paying attention.

File a Claim with a Houston Rear-End Accident Attorney

You may be severely injured after a motor vehicle crash and might be worried about whether you will be able to secure all necessary damages. A Houston rear-end accident lawyer understands your concerns and could help you through every step of the legal process. Contact our team today to learn more about the potential in your case.