Rear-end collision in Houston, TX

Houston, Texas, is one of the most populous cities in the United States. Knowing that, however, it should come as no surprise that the city ranks highly for car accidents, and each personal injury attorney at Hernandez Sunosky LLP knows how scary car accidents can be. 

Rear-end collisions are particularly harrowing, as drivers cannot see the other vehicle coming. When their car is hit, the victim is thrown into total shock, and depending on the severity of the accident, sometimes all a driver can do at that moment is hope for the best — but the best doesn’t always happen.

Multiple fatalities occur every year due to rear-end collisions, and many other accidents end in serious injuries (such as concussions and spinal cord injuries) that don’t heal quickly and impact a victim’s everyday life. 

From lost wages due to being unable to work to pain and suffering or loss of income from losing a loved one, rear-end accidents can significantly change people’s lives. That said, if you or a loved one have been injured in a car accident in Houston, TX, you may be entitled to compensation. 

With over 40 years of combined experience, the team at Hernandez Sunosky LLP will be a fierce advocate for those who have been hurt, fighting to hold the responsible party accountable for their negligence. Call us today for a free consultation to discover how we can help. 

How Injured Parties Recover Damages for Rear-End Collisions

According to the National Highway Traffic Safety Administration, many rear-end crashes could have been prevented had drivers simply paid more attention to the traffic ahead of them. 

When drivers are on the road, they have a reasonable duty to drive carefully to avoid putting themselves and other drivers at risk; holding another driver responsible for your injuries in a rear-end collision requires proof that they ignored or breached that duty. 

You must also prove that your injury directly resulted from that breach and that you incurred financial damages because of the injury. These damages could be anything from property damage to lost wages to the medical bills you’ve incurred for the treatment of your injury.

Free crash report offered by the personal injury attorneys at Hernandez Sunosky, LLP in Texas.

Filing a Claim or Lawsuit to Pursue Compensation

Once you know that you can prove the above factors in a court of law, you need to evaluate your options for pursuing compensation. In the case of a rear-end collision, you can do the following:

  • File a claim with your own insurance company and have them go after that of the other driver on your behalf
  • File a claim with the other driver’s insurance company
  • Sue the other driver directly, which makes it a matter for civil court

It is always best to speak with a personal injury lawyer before you decide to pursue any of these options, as they will help you decide what is best for your situation.

Just as important is that you take steps to ensure that you have an airtight case. Seek medical attention immediately following your accident so that a physician can document any injuries you have sustained. Additionally, ensure you get evidence of what happened while the scene is still fresh in your mind, then contact your insurance company to explain what happened. 

Altogether, that can sound quite overwhelming for someone who has just been involved in a rear-end collision, but victims need to know that they are not alone. Turning to a personal injury attorney for help can ease the burden; they’ll gather evidence, file claims, send demand letters, and do other tedious tasks while victims focus on caring for themselves.

Houston’s Modified Comparative Fault Laws and the Statute of Limitations

Texas’ modified comparative fault laws indicate that if the other driver or insurance company contests a claim that states they were at fault — and the court decides that you were even partially liable for the accident — your compensation can be reduced as a result. 

For example, if you are found to be 30% at fault for your accident, you may only receive 70% of any compensation you are owed. If you are found to be more than 50% responsible for the accident, you may not be able to pursue compensation at all. 

If there is more than one driver at fault, you may have to pursue compensation separately. For example, if two drivers were found to be 60% and 40% responsible for the accident, respectively, you may have to pursue 60% of your compensation from one party and 40% of your compensation from the other. 

These complex laws, coupled with the fact that you only have two years from the date of injury to file, can leave victims confused about how to move forward. It is best to have an attorney on your side who can gather the right evidence to help provide your claim and go after compensation on your behalf. 

Contact an Experienced Houston Personal Injury Attorney at Hernandez Sunosky LLP Today

Rear-end collisions can be frightening, but so is the prospect of missing out on the compensation you deserve because of being unsure of what to do next. You don’t need to live in fear or frustration after an accident; a personal injury attorney from our team at Hernandez Sunosky can help. Call today for a free consultation so we can help you determine your path forward.

Based in Kingwood, Hernandez Sunosky LLP serves clients in Houston, Atascocita, Humble, New Caney, Porter, Pearland, and across Texas. Our experienced personal injury attorneys are here to support you in your time of need, providing the legal expertise and guidance you require to seek justice and compensation.