If you got rear-ended in Houston, there is a good chance that you are entitled to financial compensation. The driver in the rear is at fault in the vast majority of cases. As a result, most people who get rear-ended can file claims for compensation.
No two cases are exactly alike. A car accident lawyer can review your case and determine the potential value of a settlement after being rear-ended in Houston.
For a FREE consultation, please call Patrick Daniel Law at (713) 999-6666 today. Our firm handles car accident claims in Houston and throughout Texas.
Was the Rear-End Accident the Other Driver’s Fault?
The first key issue for determining how much money you will get after a rear-end accident is whether you can prove that the other driver was at fault. While insurance companies know the trailing driver is usually at fault, they still require proof of liability before they will pay.
From skid marks to traffic camera footage, there are multiple ways to prove fault if you are rear-ended in Houston. But, to collect this evidence before it disappears, you need to be proactive. Generally, this means hiring a lawyer to investigate as soon as possible.
Read More: What Should You Do After a Car Accident in Houston?
What If You Were Partly At Fault?
Depending on the evidence that is available, you may need to contend with allegations that you were partially at fault for the accident. For example, if the evidence shows that you braked hard before being hit from behind, the insurance company may try to argue that you stopped without warning and there was no way for the driver in the rear to prevent the crash.
If the evidence shows that you were partially at fault for the accident, this will reduce the amount you are entitled to recover. Under the Texas “proportionate responsibility” law, if you are up to 50% at fault for the accident, your financial recovery will be reduced based on your percentage of fault. (If you are more than 50% at fault, you are not entitled to any financial recovery). This means that if your losses are $100,000 and you are deemed 25% at fault, your financial recovery would be reduced by 25% to $75,000.
What Are Your Losses After Being Rear-Ended?
The second key issue for determining how much money you will get after a rear-end accident is the totality of your damages. This includes all of your economic and non-economic losses, both now and in the future.
There is no “standard” settlement amount for a rear-end accident. Instead, the compensation you are entitled to recover is based entirely on your individual circumstances.
Generally, car accident victims in Texas can seek compensation for the following damages:
- Vehicle and property damage
- Medical bills and the cost of medical supplies and prescriptions
- Other out-of-pocket costs (i.e., temporary transportation)
- Loss of income and benefits
- Pain, suffering, and emotional trauma
- Loss of companionship, consortium, and enjoyment of life
- Other forms of non-financial loss
In addition to proving that the rear-end driver was at fault, you must also present evidence of how much the accident has cost you to date and how much it will cost you in the future. You should see a doctor promptly, follow your doctor’s advice, and get in the habit of documenting the financial and non-financial costs of your injuries on a daily basis.
Rear-Ended Settlement Amount
In most cases, recovering financial compensation for a rear-end accident involves negotiating a settlement with the at-fault driver’s insurance company. To determine your rear-end settlement amount, you will need to address all of the factors discussed above with your lawyer.
When negotiating an insurance settlement for a rear-end accident, it is extremely important to know the long-term costs of the collision. If you don’t know how much your claim is worth, you will risk settling for far less than you deserve. Your car accident lawyer can assess the facts of your case to determine an appropriate rear-end settlement amount, and then negotiate to secure a settlement for this amount on your behalf.
Rear-Ended by 18-Wheeler Settlement
If you got rear-ended by an 18-wheeler, then recovering a settlement will most likely involve dealing with both the trucking company and the truck driver’s personal insurer. Overall, the same basic considerations apply.
To obtain a fair 18-wheeler accident settlement after being rear-ended, you need to prove that the truck driver was at fault (or that an issue with the truck caused the accident). You will also need to prove how much the accident has cost you up to now, as well as any additional damages over the course of your lifetime.
Rear-Ended in Houston? Speak to a Lawyer Today
Rear-end collisions make up the majority of motor vehicle accidents. If you were rear-ended in Houston or another part of Texas, it is important to consult an attorney as soon as possible.
Patrick Daniel Law is Strategic, Meticulous, and Merciless. We have extensive experience with rear-end accident claims involving cars, trucks, and other types of vehicles, and our team will pursue the maximum compensation you deserve.