Rear-end car accidents are the most common type of accident. They occur all the time. They usually involve minor damage to the cars involved and minor injuries at most. However, as with any car accident, they can cause significant damage to the drivers involved.
Even a small amount of force or impact can cause severe injuries. It can cause back injuries, lacerations, and traumatic brain injuries. When the passengers in a rear-end collision aren’t wearing a seatbelt, the injuries can be even greater. If you’ve been injured, you need to contact a car accident attorney.
What is Comparative Negligence
Typically, when there is a car accident, you can easily identify who is at fault. This is even more true with a rear-end accident. Whoever hit the other car is at fault, right? As true as this may be, Texas law looks at the behavior of both parties.
There is something in Texas called comparative negligence. Essentially, it looks to see how much of the accident can be attributed to each driver. Let’s assume you sue someone for a rear-end accident and win. The jury will still need to determine your level of comparative negligence.
The jury will look at mitigating factors. They will ask questions to see if you were at all at fault for the accident. Some mitigating factors they look at include:
- Were your brake lights working right?
- Were you texting or on the phone?
- Did you slam on your brakes?
If the jury finds any mitigating factors, they will assign a % to it.For example, if your brake lights weren’t working, you can be liable for up to 50% of the fault.This means your damages will be 50% less. Consult a Houston, TX car accident lawyer to discuss your specific case.
When to Call a Car Accident Lawyer
If you are in a car accident, call an auto accident lawyer immediately. After you get medical attention, you need to call McDonald Worley and schedule a free consultation. It is important that you see a car wreck lawyer while the incident is fresh in your mind.
A good auto accident attorney will review your case and give you an idea of how strong your case is. They will consider mitigating factors and comparative negligence. They will ask the right questions to prepare for your court case and will deal with the insurance companies on your behalf.
Contact an Auto Accident Attorney in Houston, TX
If you have been in a car accident, you need a good auto accident attorney in Houston, TX. Contact the professionals at McDonald Worley. We have the experience to handle your case and get you the money you deserve. Schedule your free consultation. Remember to bring the following with you on your first appointment:
- Accident report
- Insurance information for all drivers involved
- Any police report that is filed
- Pictures of the vehicles and the scene
- Any medical records and reports
- Pictures of any incidents
- Written statements, if any
It’s important that you are honest and detailed with your attorney. The more information he or she has, the better a case they can mount on your behalf.