New Braunfels Rear-End Crash Attorney
Rear-End Collision Lawyer Serving Guadalupe County, Seguin And Comal County
Oftentimes, some of the most difficult personal injury cases to handle are the ones that appear easiest to resolve, and rear-end collisions are a primary example. Liability is not always clear in these matters, as big insurance companies often advance fancy legal arguments to avoid paying fair compensation. Just as typically, defendants try to chip away at the plaintiffs’ claim for damages to reduce the compensation they receive. An aggressive attorney who knows the law and fights for you is the best response in these situations.
In addition to their bulldog natures, our team at The Bettersworth Law Firm is also very compassionate. We fully understand your pain and suffering, whether it is a pile of unpaid bills, intense discomfort that makes it nearly impossible to get through the day or the emotional alienation that victims and their families often experience. Although no one can turn back the clock and prevent the accident from happening, we do not feel whole until you feel whole.
Defending Damage Claims
Property damage claims typically settle quickly, due to the objective nature of these losses. But more subjective claims for medical bills and accompanying pain and suffering are an entirely different matter.
Stingy insurance companies often nitpick medical bills, questioning the medical necessity of every visit and every test, to undermine the plaintiffs’ damage claims. But at The Bettersworth Law Firm, we do not refer clients to the run-of-the-mill injury clinics that charge exorbitant fees for often subpar care. Every moment you spend under the doctor’s care is meticulously accounted for. Additionally, we make sure that the jury understands the full nature and extent of the crash and its aftermath.
No case is ever open-and-shut, even a rear-end collision. Two common defenses and responses to these defenses include:
- Sudden emergency: According to this theory, defendants are not responsible for damages if they reasonably reacted to unexpected events. But vehicles that slow down or even stop completely are not a “sudden emergency” in the legal sense of the phrase.
- Contributory negligence: Some insurance companies try to pin the blame on the plaintiffs in these situations, by arguing that they pulled out in front of the defendants or engaged in similar misconduct. But the defendants have the burden of proof in these instances, and the amount of credible evidence needed to prove this point is often simply not there.
Texas is a modified comparative fault state, meaning that plaintiffs are still eligible for compensation even if they were 49% at fault for the accident. This compensation includes money for both economic damages such as lost wages and noneconomic damages such as pain and suffering and lost enjoyment of life.
What Are The Most Common Injuries In Rear-End Crashes?
Rear-end crashes may seem less serious than head-on collisions, but the injuries they cause can be devastating. Common injuries include:
- Whiplash and soft tissue damage
- Other neck and spine injuries, including paralysis
- Sprains, fractures and dislocation of bones/tendons/muscles in the arms, wrists and shoulders
- Traumatic brain injuries from hitting your head on the steering wheel or dashboard
- Damage caused by seatbelts including bruises, cuts and even internal bleeding
An injury like whiplash may initially seem minor, but it can result in months or years of chronic pain and limited head/neck mobility. Because these injuries do not always present immediately after the crash, it is important to seek medical treatment after being involved in a rear-end collision, even if it didn’t seem serious.
Who Is Presumed To Be Liable For A Rear-End Crash?
The initial presumption is that the rear driver is primarily responsible for causing the crash, for obvious reasons. As we mentioned above, however, the driver in front is sometimes partially or even primarily liable if they drove in a manner that made it impossible for the rear driver to anticipate their actions and/or apply brakes quickly enough to prevent a crash.
These cases can be complicated and can really benefit from the help of an experienced attorney. If you were involved in a rear-end crash, either as the front or rear driver, we may be able to help you prove that the other driver was liable for the crash and your injuries.
Learn More In A Free Initial Consultation
Rear-end collisions are some of the highest damage car wreck cases, and some of the most complex ones as well. For a free consultation in this area, contact The Bettersworth Law Firm at 830-443-9193. We do not charge upfront legal fees in a personal injury matter.