Rear-End Collision Lawyers in El Paso, TexasLast updated on: April 7, 2021
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A rear-end collision can cause serious injuries and may leave you at a loss for what to do next. If you were rear-ended in El Paso and you are wondering how you are going to pay for all of your medical bills and for the damage to your car, you may be relieved to learn that Zinda Law Group attorneys can help you determine whether you are entitled to compensation.
An El Paso personal injury attorney may be able to help you get that compensation, and you won’t have to worry about paying any upfront fees before they will look at your case. In short, you do not have to deal with the damage caused by the car accident on your own.
Common Causes of Rear-End Collisions
Rear-end collisions are one of the most common types of car accidents, according to the National Highway Traffic Safety Administration (NHTSA). A rear-end collision is a type of accident where one vehicle crashes into the one in front of it. Often times, the one who is rear-ended has no way to avoid being hit. There are several factors that could cause a rear-end collision.
An inattentive driver might not be able to stop their car in time if they are not paying attention. The driver may have allowed themselves to be distracted, which caused them to rear-end you. Engaging in actions such as texting while driving, talking on the phone, eating, or any other activity that will take away the focus required for driving can cause an accident.
Reckless driving is engaging in dangerous driving such as speeding or tailgating. Following too closely behind other vehicles is dangerous because it shortens the space required to stop. Driving recklessly in traffic on the highway or on El Paso city streets can be more dangerous because there are more cars and less space to stop or slow down.
Driving Under the Influence
Driving under the influence of alcohol is a crime in every state. Driving with a blood alcohol content (BAC) of .08% or higher is punishable by law. However, driving after consuming any amount of alcohol is still dangerous and can impair driving skills.
Though El Paso averages only 3 inches of snow annually, bad weather such as heavy rain or icy conditions could limit visibility and make driving more difficult almost any time of the year. Some weather conditions will be harder to slow down or stop in, which could lead to rear-end collisions. Very cold temperatures could cause black ice to form, which is a clear layer of ice on top of the road. Stopping on ice is very difficult and could cause the driver’s car to slide.
Common Injuries in a Rear-End Collision
Some car accidents cannot be avoided even with careful and defensive driving, especially if they were caused by someone else. A rear-end collision can cause serious injuries since the victims are sometimes caught by surprise and have no chance to brace for impact. The injuries can vary, from whiplash to broken bones, or even death.
Whiplash is a type of injury that is caused when your body is jerked forwards then backwards very quickly. This can happen when the inertia caused by being struck from behind in a rear-end collision causes you to be thrown forward quickly. Whiplash mainly occurs in the neck muscles as these can be strained from the forward motion while being at a stop, but it can also impact your shoulders, back, and arms.
Being hit from behind in a rear-end collision while you are at a complete stop can cause serious injury to your back. You may have muscle strains in your back or torso from the seat belt holding you in place. You might also be at risk for a slipped disc or a fractured spine from the impact. Spinal injuries are a medical emergency and should be tended to promptly.
Concussions or Head Injuries
A concussion is a head injury caused by your brain being struck against your skull. This can happen in a car accident if you are rear-ended and thrown forward. Headaches can result, as well as problems with memory, concentration, and coordination.
Post-Traumatic Stress Disorder (PTSD)
Experiencing a traumatic event such as a car accident could leave you suffering with PTSD. This could cause you to fear cars or driving and you may suffer anxiety or depression as a result of your PTSD. Dealing with the accident may involve more than just physical injuries.
A rear-end car accident could cause you to break bones, especially if you are not wearing a seat belt. If you are thrown from your vehicle after being struck from behind, you are more likely to suffer serious injuries.
If you die as a result of your injuries from being rear-ended, your family may be able to bring a wrongful death claim. If the other driver caused the death and they were being reckless or negligent, they may be civilly liable for the death.
Texas Car Accident Laws
Every state handles personal injury claims and car accidents differently. In Texas, drivers involved in accidents must report the accident and must carry a minimum level of insurance coverage.
Reporting a Car Accident
The driver of any vehicle involved in an accident in Texas must immediately report it to their local police department if the accident resulted in injury, death, or a vehicle is too damaged to drive from the scene. Even if the rear-end car accident does not amount to a reportable level, you should still strongly consider calling the police to file an accident report so that the crash is recorded. Dial 911 if anyone is seriously injured.
Most states require a minimum level of insurance coverage to operate a vehicle. Texas requires you to have basic liability car insurance coverage to pay for the damages caused to the other vehicle in the event of a crash. The basic coverage may not be enough in some car accidents in El Paso, especially if a fender-bender totals the vehicle. Once the insurance policy limits are exhausted, the driver who caused the accident is financially liable for any other costs.
Texas is an “At-Fault” State
Insurance claims adjusters will assign a percentage of fault in a car accident to each driver involved. An at-fault system is one that requires the driver to pay for the accidents they caused. Alternatively, a “no-fault” state is one that requires a driver’s insurance to pay for the damages no matter who caused the accident. In Texas, the damages awarded will be reduced by the percentage at fault, if any. If the driver is more than 50% at fault, they will not be able to recover anything.
Statute of Limitations
The statute of limitations is a time limit for filing claims in court. If you initiate a lawsuit for damages from a rear-end car accident, this is considered a personal injury claim. Personal injury claims in Texas must be filed within two years from the date of the crash. It is important to contact a Texas personal injury lawyer as soon as possible following any accident to stay within the time limits.
Types of Damages Recoverable
Every car accident is different, so there is no average amount recoverable. What you recover will depends on the injuries and damages you suffered. You may be able to recover compensation to cover the following:
Medical Bills for Injuries
- Hospital visits
- Ambulance ride or emergency room costs
- Physical therapy
- Prescription medication
- Follow-up exams
- Car repairs
- Rental car to replace yours while it is being repaired
- Damaged personal property that was in the vehicle, especially in the trunk
How to File a Rear-End Collision Claim in El Paso
Whether your car accident was minor or serious, you should consider filing a claim for damages. Always report the accident to your own insurance company and document the scene of the accident as best you can. You may decide that hiring a car accident lawyer is necessary.
Contact Your Insurance Company
Contact your insurance company so that they have a record of the incident. Contact the at-fault driver’s insurance company so that they can pay for the damages caused to your vehicle. You may have insurance coverage that pays for some of your damages.
Collect Evidence to Help Support Your Claim
Take pictures of both vehicles at the scene of the crime. Be sure to also take pictures of the place the accident took place, especially if you were rear-ended at an intersection or busy street. Keep medical bills and receipts from car repairs. Document if you have any other losses or damages, such as missing work due to the accident.
Get Help From Texas Car Crash Lawyers
At Zinda Law Group, our El Paso personal injury attorneys are experienced and have handled many cases involving rear-end collision car crashes. We have the knowledge and resources necessary to help you determine what to do next and to help recover the best possible outcome for your case.
Call us today at (800) 863-5312 for a free and confidential consultation with one of our Texas rear-end collision lawyers. You will pay nothing unless we win your case. That’s our No Win, No Fee Guarantee.