Rear-end collisions can range in severity. Some accidents, such as fender benders, are just a minor inconvenience, while others can result in long-term injuries and even death. These accidents are especially dangerous when vehicles are traveling at high speeds. After a car accident, you need and deserve quality legal representation. At the Galbreath Law Firm, our Abilene car accident lawyer can look into the circumstances surrounding your accident and come up with a strategy to secure the full worth of your claim. With many years of experience, you can rest assured that we understand how to navigate these types of claims.Pursuing Damages for a Rear-End Collision
A rear-end collision is a traffic accident in which a vehicle crashes into the vehicle in front of it. The National Highway Traffic Safety Administration (NHTSA) reports that about 40 percent of the six million crashes that take place across the United States each year are rear-end collisions. According to the Texas Department of Transportation, approximately 3,000 people are killed in auto accidents each year, and even more are injured. Rear-end accidents are a cause of many of these injuries and deaths. They can have a number of causes, including:
- Failing to keep a safe following distance or tailgating;
- Distracted driving;
- Defective brakes;
- Excessive speeding;
- Adverse weather conditions;
- Sudden or unexpected stops;
- Improper lane changes;
- Aggressive driving; or
- Driving under the influence of alcohol or drugs.
If a driver’s negligence caused or contributed to the rear-end accident that caused your injuries, you may be legally entitled to recover financial compensation for your injuries, damages, and losses. These forms of compensation typically include medical expenses, rehabilitation costs, pain and suffering, lost wages and income, disability, and compensation for any other harm arising out of the accident. Calculating damages can be a complicated process, but an injury attorney can help you come up with an appropriate dollar amount.
Negligence takes place when a person causes injuries or death by failing to use reasonable care behind the wheel, thereby leading to an accident. Reasonable care is defined as how a prudent or sensible person would act in the same or a similar situation. In Texas, to establish negligence, the plaintiff must prove certain elements by a preponderance of the evidence. The defendant needs to have owed the plaintiff a duty to use reasonable care to drive safely, the defendant needs to have breached this duty by doing something dangerous or not taking an appropriate precaution, and the defendant’s breach must have been a direct cause of the rear-end collision and the resulting injuries or property damage. Each of these elements must be established before any damages can be recovered.
Just as with any other type of civil lawsuit, personal injury claims must be filed within a certain time frame, known as the statute of limitations. Under Texas law, a plaintiff has two years from the date of the accident to file a personal injury or property damage lawsuit in civil court. Failing to file within this time frame could mean losing your right to compensation altogether. In other words, if you do not file your lawsuit within the legal deadline, the court will likely refuse to hear your case. In rare cases, an exception may apply, but we will not be able to make that determination until we examine your case.Contact a Knowledgeable Auto Accident Lawyer in the Abilene Area
If you have been injured in a rear-end collision caused by someone else’s negligence, we can help you understand your legal rights and options. At the Galbreath Law Firm, we are committed to helping clients in Abilene and surrounding communities obtain the full and fair compensation that they deserve for their harm. We are here to answer your questions and address your concerns. We also represent people in communities such as Breckinridge, Brownwood, Cisco, Eastland, Clyde, Baird, Sweetwater, Snyder, Colorado City, Rosco, Anso, Albany, Haskel, Hamlin, Coleman, and Ranger Hill. To help figure out your next steps following a rear-end collision or another type of crash, such as a failure to yield accident, call us at 325-437-700 or contact us online. In case of emergency, you can call 325-829-8000.