Can I Sue after a Rear-end Accident in Houston?By Stewart J. Guss on February 20th, 2014
Photo by: Saeru
Car accidents affect millions of people each year, sometimes resulting in severe injuries that have long-term medical consequences. In fact, the Texas Department of Transportation reports (PDF) that there were 63,610 serious injury crashes in Texas in 2012 alone. When people are injured in car accidents that are caused by the negligence of others, victims may be able to recover by bringing a personal injury claim against the party or parties responsible for the accident. The best way to make sure that you or your family get the compensation you deserve is to discuss your case with Houston car accident lawyer Stewart Guss as soon as possible after an accident.
Rear-end accidents are one of the most dangerous kinds of accidents that can occur on Texas roadways. Often, when a person is rear-ended they are completely taken off-guard and have not had an opportunity to brace for an impact in any way. Because rear-end accidents tend to be the result of distracted driving or following too closely on the part of the driver in the rear, Texas law presumes that the rear driver in a rear-end accident was at fault for the accident. It is important to note that this is a rebuttable presumption, which simply means that a driver who is presumed to be at fault for an accident has an opportunity to present evidence that he or she was not negligent in causing the accident or that some other facts exist that place fault elsewhere.
While there are a number of ways that rear-end accidents can occur, some scenarios tend to be more common than others. Some of the more common causes of rear-end accidents include:
· Distracted driving
· Poor weather conditions
· Poor visibility
· Brake failure
· Following too closely
· Aggressive driving
· Impaired driving
· Fatigued driving
· Driver error
There are many other potential causes of rear-end accidents, some of which may indicate negligence on the part of another driver. In addition, if you were the driver that rear-ended someone else, you may have a claim depending on the circumstances of the accident. If, for example, the driver in front of you slammed on the brakes for no apparent reason while driving on the freeway, you may have a claim if you can show that in doing so the other driver acted negligently. Because these are often complicated legal issues, you should be sure to discuss your case with a trained legal professional before deciding whether or not to pursue a legal claim or counterclaim. If you find yourself in this type of situation please contact our office today for a free consultation.