What Should You Do If You’re in a Rear-End Accident In Texas?

“I was rear-ended. Now what?”

It’s an unfortunate hypothetical that has come true for many motorists. There are many ways rear-end accidents in Texas can play out, likebeing rear-ended by a negligent driveror being hit from behind by another vehicle that was forced into your lane. 

So many questions arise when you are involved in a Texas rear-end accident. Fault or no fault? Extenuating circumstances or not? Guilty or not guilty?

In this article, we talk you through what to do when rear-ended in Texas, including who you need to call, the evidence you need to gather, and other helpful pieces of information.

Causes of Rear-End Accidents in Texas

Simply being on the road means you’re vulnerable to accidents and incidents that can damage your vehicle, your health, or both. Here are some of the common circumstances that might lead to you getting hit from behind in your car:

• Distracted driving
• Failure to yield the right of way
• Speeding
• Not using turn signals
• Tailgating or not following at a safe distance
• Inability to maintain control of the vehicle
• Impaired driving
• Faulty brakes
• Texting and driving
• Driver fatigue

Immediate Actions After a Texas Rear-End Accident

Here’s what to do immediately after a rear-end collision.

Move Your Car and Check for Obvious Injuries

If you can, you should move your car toward a safe place—preferably onto the side of the road. If the vehicle isn’t able to move, turn on the hazard lights and move yourself and any passengers to a safe spot. 

Once in a safe area, check yourself for obvious injuries. If you’re okay, check for other victims who may need assistance.

Call 911 and Exchange Info

Once everyone’s health status is confirmed, call 911 to report the accident. Not only will they bring help if there are injuries, but reporting the accident begins a trail of evidence you can use in a lawsuit or settlement negotiation. 

Next, it’s time to exchange info with the other party. You should get their:

• Name
• Address
• Phone number
• Insurance info
• Car make and model
• Driver’s license number 

Give the same information to the other party.

Document Everything for Evidence 

Now’s the time to document everything about the accident. There are various ways to document evidence.

Take Pictures

The easiest way to gather evidence is to take pictures of everything surrounding the accident. Helpful photos include:

• The scene
• Damage to your vehicle inside and out
• Witnesses
• The other party’s vehicle
• License plates
• Position of the vehicles 
• Skid marks
• Various debris 
• The other party’s driver’s license
• Contact information
• Injuries to you and your passengers

Write Things Down

You should also write down various aspects of the accident, including:

• The date and time
• Make and model of the other party’s car
• Other party’s contact information
• Other party’s driver’s license number
• Witness testimony
• Names and contact information for witnesses
• Notes about injuries
• General notes about the accident
• Different aches and pains you feel

Hold Onto Receipts and Documentation

Gathering evidence doesn’t stop at the scene of the accident. You can keep collecting until the actual court proceedings begin—and that’s precisely what you should do.

Medical bills, medical records, and other various receipts for things you had to pay for due to the accident will strengthen your case and help you get the compensation you deserve. 

It’s better to save everything and have your car accident lawyer say what’s helpful and what isn’t than risk throwing away key evidence. 

Seek Medical Attention

You need to receive medical attention at the scene of the accident and in the days to follow. Rear-end accidents are dangerous because you may feel fine in the moment, but there might be more severe injuries that haven’t shown up yet. 

Even minor injuries like headaches could signify a larger problem, so always take time to get medical care. 

As for your legal case, receiving medical attention and keeping a record of injuries will strengthen your case. Avoiding medical care can weaken your case because the other party can say that you didn’t suffer serious injuries if you refused medical care. 

In addition to medical care, you should make a note of any and all painful or uncomfortable sensations you feel post-crash. As mentioned, some injuries can be delayed, and having a record of your pain will help pinpoint a diagnosis and make good evidence for your case. 

You can also note if you feel pain during everyday activities and tasks. 

Typical Rear-End Accident Injuries

Here’s a list of common rear-end accident injuries:

• Anxiety
• Back pain
• Broken bones
• Bruising
• Concussions
• Depression
• Headaches
• Herniated disc
• Muscle damage
• Neck injury
• Pinched nerves
• PTSD
• Shoulder pain
• Spinal cord injuries
• Whiplash

Notify Insurance Companies

After a rear-end accident, you’ll want to notify your insurance company. Your insurance policy demands that you report accidents in a “timely manner,” and it’s hard to know the specific timeframe they require. Insurance companies will want to know right away so they can investigate the accident themselves and compare it to other reports. 

Failing to report promptly could affect your policy. 

It’s important to note that this just lets them know what has occurred; negotiations should be done with your Dallas car accident lawyer present. 

The insurance company will ask you a few questions and then may transfer you to an adjuster to get all the information you need to provide a statement. 

We recommend telling your insurance company that the purpose of this call is to simply inform them about the situation and that you’ll send along reports as you receive them. If they have any additional questions, they can talk to your lawyer. You can mention a lawyer even if you don’t have one at the moment because you plan on getting one. 

What Not to Do After a Rear-End Accident

It can be hard to remember what to do after an accident; it can be pretty scary. If you can’t remember all the steps above, try to remember at least what NOT to do after a rear-end collision.

Don’t Admit Fault

This might seem obvious, but there can be subtle ways to admit fault that can be used against you. If you admit fault, your insurance is legally responsible for paying damages. Avoid saying anything like, “I’m sorry,” that could sound like accepting blame.

Don’t Try to Make Deals with the Driver

Some drivers may not want to involve the police or insurance, trying to make a deal with you instead. Never agree to this. 

Don’t Refuse Medical Care

Even if you feel fine, you should always receive medical care after an accident. Not only could the care reveal an issue you aren’t aware of, but it’s also helpful to have a medical record. 

Don’t Act Like You’re Fine

People tend to brush off their problems to seem polite but when being asked whether you’re okay after a collision, you should never say you’re fine. This can be used against you. For example, the other party might point out that you claimed to be fine, so why do medical bills need to be paid? 

It’s better to say you aren’t sure or aren’t comfortable answering yet.

Consult with a Dallas Car Accident Lawyer

The next major step after a rear-end accident in Texas is to contact a car accident lawyer. A lot happens simultaneously during an insurance claim or lawsuit; an experienced lawyer can keep everything organized. 

Determining Who Is At Fault

First and foremost, a lawyer can help you build a case against the other party that proves liability. 

Liability assigns legal responsibility for the incident. You may think it’s obvious the other person is at fault because they rear-ended you, but things aren’t always that easy—especially in Texas. 

What Is Comparative Negligence in Texas?

It’s important to factor in something called comparative negligence after a Texas rear-end accident. In the legal world, negligence means that someone reacted improperly.

When one person accuses another of committing a negligent act that caused an auto accident, Texas enacts a modified comparative fault rule to figure out the degree of fault for each party. The damages awarded match the percentage of fault. 

Need an example? If the court awards you $100,000 in damages, but it is determined that the rear-end accident was 25% your fault, you will only be entitled to 75% of $100,000 ($75,000). If you exceed 50% at fault for any auto collision, you are not eligible to receive compensation.

Building a Case of Liability

So, despite the fact you feel completely innocent after a rear-end accident in Texas, the other party could build a case that you have some liability. Something as small as a faulty brake light can be counted against you. 

This is why you need an attorney to look at all the evidence you gathered and build a case to prove the other party’s liability. 

A Dallas car accident lawyer looks at evidence like witness statements, driving records, and damage to your car to put together a story explaining why the other party is at fault. And if the other party tries to say you share some fault in the accident, your lawyer can defend you better than you can defend yourself. 

Dealing with Insurance for Rear-End Accidents 

Getting an insurance company to provide proper compensation can be extremely difficult. 

You may find that yours is unwilling to pay for any claims after you have been rear-ended. Most companies endeavor to avoid large payouts. 

In addition, it’s difficult to prove that the driver behind you was totally at fault, liable for damages to your car and health because of the crash, and for any subsequent financial issues afterward.

However, this often leaves you with a nonexistent or insufficient settlement. 

It’s one more reason you shouldn’t risk going it alone. At Angel Reyes & Associates – Angel Reyes & Associates, our experienced Dallas car accident lawyers delivered a $479,000 settlement for a rear-ended car accident. Our client was completely stopped when the defendant rear-ended him.

Why You Need to Work With a Qualified Attorney

Is a rear-end accident in Texas really that serious? Absolutely, and you need to have the issue professionally evaluated without delay. You should work with a firm that acts as if you were going directly to court rather than simply seeking to claim what is rightfully yours.

Why should you look at a rear-end accident as if it were about to become a lawsuit? Because that may be what it takes to get what you are entitled to. 

Insurance firms will question every single detail. Getting rear-ended recently could mean you are in a hospital or at least shaken up, not in a fit state to gather data and information. This is the worst time to try to fight for your rights.

A good car accident lawyer will step up to any challenge and put together a case that prevents the insurance company from slipping out of its obligation. Of course, it does come back to whether or not someone is supposed to receive monetary damages under the terms of the law. 

As previously mentioned, the Texas law on rear-end collisions states that an injured party can sue the person at fault for the accident, but they need to prove that fault. They may need to prove the extent of damage or injury, too.

At each step of the way, an experienced attorney has the resources, skills, and ability to ensure the best possible outcome in a rear-end car accident.

If you’re curious about how much compensation an experienced attorney can get you, look at our case calculator. It’s free! This is just an estimate, so you’ll need to work with our team for a more accurate picture. 

The Insurance Claim and Legal Proceeding Process

With a Dallas car accident lawyer by your side, it’s time to take on the insurance claim process and all the legal actions that come with it. 

Demand Letter

Your car accident lawyer will first send a demand letter to the other party’s insurance company. The letter lists the damages you received from the Texas rear-end accident and demands compensation. 

The insurance company will investigate the accident. They may try to dismiss your damages based on what they find. They can decide whether to pay; if they reject your claim, they must explain why. 

Negotiations 

Negotiations with the insurance company will occur regardless of their response to your claim.

If they accept your claim, they will offer a small payout because they don’t want to spend more than they have to. Your attorney will fight to get the compensation you deserve. 

For example, we won a $4,730,000 settlement for a client in a disrupted liability motor vehicle collision. 

If the insurance company denies your claim, your attorney will either try to get them to change their mind or begin the process of suing them through a personal injury lawsuit. 

Lawsuits

If the other party’s insurance company denies your claim or if the other party is underinsured or uninsured, then it’s time for a lawsuit. The evidence you gathered will especially be important since the decision is up to a third party. 

Your attorney will then go up against the other party and try to prove that you received severe damages and deserve to be compensated.

In one case, we convinced the jury to reward our client with $3,000,000 after a car accident. 

Contact the Experts in Rear-End Accidents in Texas

Getting compensation after being rear-ended can be challenging, whether you’re recovering from injuries or not. Whether it’s the at-fault driver or their insurance company, no one wants to pay more than they have to.

This is why you need an experienced Dallas car accident lawyer on your side.

The attorneys at Angel Reyes & Associates have a proven record of success in helping clients get what they’re due after being in rear-end accidents in Texas. 

Contact us today to get your case opened and under review.

FAQs About Rear-End Accidents