According to the National Highway Traffic Safety Administration (NHTSA), driver error is the leading cause of car accidents (including rear-end collisions) (NHTSA). Around 94% of collisions occur because of human mistakes.
When determining who is at fault in a rear-end accident, negligence is a key factor. Someone may be responsible if, for instance, they caused an accident by tailgating and smashing into your car. On the other hand, if you rear-end someone and they immediately stop, you may be able to sue them for damages.
Driver Error in a rear-end accident
According to the NHTSA, 41% of all accidents are the result of driver error, with inattentive driving being a major factor in 42% of those incidents.
Besides careless or distracted driving, other factors might have contributed to the collision that you were involved in.
- Speeding
- Intoxication
- Tailgating
- Distracted driving
- Absurd lack of discretion
- Inexperience
- Poor decisions
- Neglecting to heed traffic signs
Inclement weather, poorly maintained roads, and mechanical failures in vehicles may all have a role in increasing the likelihood of an accident, on top of the human factor.
Rear-end collisions may seem to be a straightforward situation in which to determine who was at blame. However, keep in mind that Texas law permits the use of comparative negligence in determining fault in vehicle accidents. So, in cases of rear-end crashes in Houston, the responsibility might be divided proportionally between the two drivers involved. This might complicate the process of seeking damages, particularly if injuries have occurred.
Proving Fault in Rear end accidents
In the event of a rear-end accident, it is generally accepted that the motorist in the back is to blame. Not all cases are like this. If you want to figure out what went wrong and why your mishap happened:
Video Captured by Traffic Cameras
It’s possible that you’ll need a lawyer’s assistance to see film from a traffic camera. These files might provide concrete evidence on the circumstances of your accident.
Read the Police Report
If there are injuries, fatalities, or even “complaints of pain or discomfort,” call the police.
In this file, you may find:
- Inquire into whether the other driver was taken into custody.
- As to whether or not somebody was hurt or lost their life
- Locations of vehicle impacts
- Involved Parties’ Names
- The required insurance and contact details
The police officer may additionally specify who was at fault for the incident. This first-hand report will shed light on the circumstances surrounding your rear-end incident.
Information Recorded By The Car’s Black Box
“Black boxes” are installed in many newer vehicles that record data including speed, acceleration, and collisions. With this data, we should be able to address some of the concerns we have about your situation.
Establishing the fault in Rear-end accident
The National Highway Traffic Safety Administration has concluded that it was most likely another driver’s negligence that caused your collision. It’s important to note that other people than the victim(s) might be at fault:
Manufacturers of vehicles
You might sue this company for product responsibility if you were involved in an accident caused by malfunctioning brakes.
Mechanic
You might bring a claim against the technician or the company they work for if their faulty work on your car caused you to hit someone or be injured.
Government Entity
State and federal authorities maintain and manage roads. Your accident may have been the result of negligent road design or maintenance, for which you might seek compensation.
To the extent that your losses exceed the limits of your PIP benefits, we may pursue reimbursement from the at-fault party’s insurance company.
Rear end accident in Houston, Texas
In the event of a Houston rear-end accident resulting in injuries, the insurance company handling your claim may want statements, receipts, and other documentation to back up your claim. If you or a loved one has been injured in a rear-end accident in Houston, Texas, it is crucial that you retain the services of a skilled attorney who can help you pursue a claim for financial compensation for your losses. Hiring an experienced Houston Car Accident Lawyer from Fleming Law, to represent you after a car crash can make all the difference in the world.
When a vehicle accident occurs in Houston, insurance companies use lawyers to look out for their best interests. Even in a seemingly straightforward instance of carelessness, you should have someone to advocate your interests. Even in a minor rear-end incident, there might be a mountain of evidence needed to prove who was at blame. If you need assistance, you should consult with a lawyer who focuses on traffic accident responsibility.
In order to ensure that you obtain maximum compensation for your injuries, lost income, disability, medical expenditures, and pain and suffering, you should hire a Houston car accident lawyer from Fleming Law. Call us at 832-529-4812 for a free consultation.
